Posted by Rick Pearson at 5:30 p.m.; updated at 6:32 with Madigan response
U.S. Sen. Roland Burris' lawyer is warning of a fight if lawmakers and Gov. Pat Quinn try to dislodge Burris from office by approving a special election for his Senate seat---and the warning includes an indication that Burris could run in 2010.
Burris has rejected calls for his resignation by several leading Democrats concerned about his various explanations of the extent of contacts he had with allies of former Gov. Rod Blagojevich. Burris was appointed by Blagojevich to the Senate three weeks after Blagojevich was arrested on federal corruption charges that included an allegation he sought to sell the Senate seat vacated by President Barack Obama.
Wright released a copy of a letter he sent today to Atty. Gen. Lisa Madigan and the four legislative leaders in response to her formal opinion this week that a special-election law, if approved, would be legal. Wright wrote Madigan was “incorrect” and such a law would lead to “an unlawful election.”
“Senator Burris’ position is clear: the General Assembly will violate clearly established federal law if it creates a special election,” Wright said in his letter. “Additionally, a special election could cost taxpayers up to $50 million.”
Wright cited a 1997 U.S. Supreme Court decision involving Louisiana in which justices struck down a 1975 state law in which congressional candidates ran together, regardless of party, a month before the traditional federal election day in November. Voters only cast a ballot for a federal congressional race in Louisiana in November if a run-off was needed because no candidate got a majority of votes cast in October.
Wright maintained that the unanimous court decision, written by Justice David Souter, noted that Congress established the date for all congressional and Senate elections as the first Tuesday after the first Monday in November in even-numbered years.
“The next such date is November 2, 2010, the same day that Sen. Roland Burris faces re-election,” Wright wrote, a possible indication that Burris will next year run for the post.
Souter’s opinion does note that “when the federal statutes speak of ‘the election’ of a Senator or Representative, they plainly refer to the combined actions of voters and officials meant to make a final selection of an officeholder.”
But supporters of a special election in Illinois argue that they are talking about a “special election” to select an officeholder to fill the remainder of the term that expires in January 2011, not a full six-year Senate term.
Update: Madigan spokeswoman Robyn Ziegler issued a statement tonight.
"The legal analysis in his letter does not apply to the current circumstances. Because president Barack Obama vacated the U.S. Senate seat, the 17th Amendment controls and allows the vacancy to be filled by an election 'as the legislature may direct,'" the statement read.
Also today, U.S. Sen. Dick Durbin told reporters that even if state lawmakers passed a law to hold a special election for Burris' seat, it probably would end up in court.
“I think ultimately if the General Assembly adopted (Madigan') approach it would necessarily go to court to be tested before they would try it. Somebody is going to ask the question, 'can you do this?' And that would of course delay it even further.”
http://newsblogs.chicagotribune.com/clout_st/2009/02/roland-burris-attorney-warns-against-special-election.htmlWe are going to lose this seat in 2010 if they are not able to get him out Burris will never win re-election. Burris is old desperate man who does not give a damn about the voters of Illinois
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