Burris court motion gets response from White

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While U.S. Senator-designee Roland Burris was hoping for a quick response to the Dec. 31 motion he filed with the Illinois Supreme Court to force the Illinois Secretary of State to certify his nomination, the response he received today is not what he had

While U.S. Senator-designee Roland Burris was hoping for a quick response to the Dec. 31 motion he filed with the Illinois Supreme Court to force the Illinois Secretary of State to certify his nomination, the response he received today is not what he had hoped for. Attorney General Lisa Madigan, acting on behalf of Secretary of State Jesse White, filed  a motion with the state Supreme Court that not only said White still would not sign a certification form, as required by the U.S. Senate Rules Committee, but that there is no legal basis to force him to do so. “On December 31, 2008 – the same day Gov. Blagojevich submitted the U.S. Senate’s recommended appointment form to the U.S. Senate – Secretary White registered Burris’ appointment pursuant to the Secretary’s only legal duty regarding appointments,” Madigan said in her court filing. “Instead, what is at issue here is a form that is not required by law but is merely ‘recommended’ by a rule of the U.S. Senate.  Moreover, a U.S. Senate rule cannot impose a legal obligation on the Illinois Secretary of State.” And according to the state constitution, there is no law requiring the Secretary of State to sign a “recommended” form of the U.S. Senate, Madigan explained. Madigan added that the decision to treat the U.S. Senate’s recommended form as a legal requirement is a decision of the U.S. Senate.  It remains up to the U.S. Senate to seat Burris. The Illinois Supreme Court must now render its response to both filings, which had not been done Wednesday. Burris, who is in Washington, is expected to return to Illinois Thursday to testify before the House Impeachment Committee in Springfield. And despite White’s response to his court motion, Burris said the two of them are still good friends. “This does not change or damage our friendship,” Burris said. “I spoke to Jesse and he knows this is purely business, not personal.” ______ Copyright 2009 Chicago Defender. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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