Filling Obama's Vacated Senate Seat

[OneAngryDemocrat]

An unpopular Republican President once said, "Elections have consequences."

Just because a Republican voter didn't get their man into the Governor's mansion in our last gubenatorial contest is no reason to deprive Illinois of a Democratic Senator, by potentially allowing a Republican to win President-elect Barack Obama's vacated seat in a so-called, "special election."

The Illinois Constitution makes it abundantly clear that the filling of Senatorial vacancies is to be by Gubenatorial APPOINTMENT, with the advice and consent of the Illionois Senate.

ARTICLE IV, Section 2 (d) of our state Constitution reads,

'Within thirty days after a vacancy occurs, it shall
be filled by appointment as provided by law. If the vacancy
is in a Senatorial office with more than twenty-eight months
remaining in the term, the appointed Senator shall serve
until the next general election, at which time a Senator
shall be elected to serve for the remainder of the term.'

http://www.ilga.gov/commission/lrb/con4.htm

If a Republican voter had wanted to change the Illinois' Constitution, and the process by which Senate vacancies were filled, that voter should have spoke up when former Governor Ryan, a Republican, was the crook in Springfield, and NOT now, when our current crook happens to be a Democrat.

It reeks of partisanship, political hand-wringing, and hypocrisy.

And isn't that why, in part, Blagojevich is in trouble right now?

The people of Illinois are better than that, and deserve better.

If Blagojevich should be impeached (and I think he does), then impeach the guy, and let his replacement, Pat Quinn, choose Senator Barack Obama's replacement.

It is the process we have in place - and to suggest anythig else, at this time, under the current circumstances in which we find ourselves, would be wrong.

[mopinko]

1. no changing the rules in the middle of the game.

as donna brazille's mama correctly told her daughter- that's called cheatin'.

[Radical Activist]

2. The IL GOP destroyed themselves by sticking by George Ryan too long.

I have no interest in IL Dems committing suicide by defending a crook. That's partisanship and the people of IL deserve better.

[lin_e65]

3. Solution

Someone suggested that the legislative branch appoint three people to find the replacement and then Blago could do the appointing. Obviously, dear Blago will not give up any power. I am disappointed. With all the energy going around in Washington, Blago picks a 71 year old yes man. Very disappointing. Blago is doing on the state level what Bush has done on the national/international level--leaving a mess. Someone has to walk behind him with a pooper scooper.

[kevsand]

4. That section of the Illinois Constitution doesn't apply at all.

It's not about the U.S. Senate. It's about vacancies in State Senate districts, i.e., the General Assembly in Springfield, not the federal Congress.

[OneAngryDemocrat]

5. ...

SECTION 9. GOVERNOR - APPOINTING POWER
(a) The Governor shall nominate and, by and with the
advice and consent of the Senate, a majority of the members
elected concurring by record vote, shall appoint all officers
whose election or appointment is not otherwise provided for.
Any nomination not acted upon by the Senate within 60 session
days after the receipt thereof shall be deemed to have
received the advice and consent of the Senate. The General
Assembly shall have no power to elect or appoint officers of
the Executive Branch.
(b) If, during a recess of the Senate, there is a
vacancy in an office filled by appointment by the Governor by
and with the advice and consent of the Senate, the Governor
shall make a temporary appointment until the next meeting of
the Senate, when he shall make a nomination to fill such
office.
(c) No person rejected by the Senate for an office
shall, except at the Senate's request, be nominated again for
that office at the same session or be appointed to that
office during a recess of that Senate.


http://www.ilga.gov/commission/lrb/con5.htm

[kevsand]

6. That section doesn't apply, either.

It applies only to officers of the Executive Branch, and even more specifically, only those officers of the Executive Branch whose "election or appointment is not otherwise provided for."

[OneAngryDemocrat]

7. Alright, smarty pants...

What IS the legal basis for Blago choosing Roland Burris to fill Obama's Senate seat?

[kevsand]

8. Two clauses.

The 17th Amendment to the U.S. Constitution:

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

The Illinois legislature has, in accordance with the 17th amendment to the U.S. Constitution, "empowered" the governor by the passage of Chapter 10, Act 5, Article 25, Section 8 of the Illinois Compiled Statutes:

(10 ILCS 5/25‑8) (from Ch. 46, par. 25‑8)
Sec. 25‑8. When a vacancy shall occur in the office of United States Senator from this state, the Governor shall make temporary appointment to fill such vacancy until the next election of representatives in Congress, at which time such vacancy shall be filled by election, and the senator so elected shall take office as soon thereafter as he shall receive his certificate of election.
(Source: Laws 1943, vol. 2, p. 1.)

[OneAngryDemocrat]

9. Thank You...

I have amended my LttE in light of your critiques, my friend... I heartily thank you, Kevsand, for setting me, as werll as the record, straight, and allowing me to put forward my thoughts on this important issue with the law on my side.

An unpopular Republican President once said, "Elections have consequences."

Just because a Republican voter didn't get their man into the Governor's mansion in our last gubenatorial contest is no reason to deprive Illinois of a Democratic Senator, by potentially allowing a Republican to win President-elect Barack Obama's vacated seat in a so-called, "special election."

The Illinois Constitution makes it abundantly clear that the filling of Senatorial vacancies is to be by Gubenatorial APPOINTMENT, with the advice and consent of the Illionois Senate.

The U.S. Constitution's 17th Amendment reads, in part:

"When vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, that the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct."

http://www.law.cornell.edu/constitution/constitution.amendmentxvii.html

Furthermore, in compliance with our Federal Constitution, Chapter 10, Act 5, Article 25, Section 8 of the Illinois Compiled Statutes reads, in part,

"When a vacancy shall occur in the office of United States Senator from this state, the Governor shall make temporary appointment to fill such vacancy until the next election of representatives in Congress, at which time such vacancy shall be filled by election, and the senator so elected shall take office as soon thereafter as he shall receive his certificate of election."

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=001000050HArt.+25&ActID=170&ChapAct=10%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=3&ChapterName=ELECTIONS&SectionID=36731&SeqStart=86900000&SeqEnd=88100000&ActName=Election+Code.

If a Republican voter had wanted to change the Illinois' Constitution, and the process by which Senate vacancies were filled, that voter should have spoke up when former Governor Ryan, a Republican, was the crook in Springfield, and NOT now, when our current crook happens to be a Democrat.

It reeks of partisanship, political hand-wringing, and hypocrisy.

And isn't that why, in part, Blagojevich is in trouble right now?

The people of Illinois are better than that, and deserve better.

If Blagojevich should be impeached (and I think he does), then impeach the guy, and let his replacement, Pat Quinn, choose Senator Barack Obama's replacement.

It is the process we have in place - and to suggest anythig else, at this time, under the current circumstances in which we find ourselves, would be wrong.

[afghanswaney]

10. Check Your Self Please

The article you have hyperlinked involves the replacement of Senate and Representatives of the Illinois Assembly not the (US Senate)