The Illinois General Assembly can constitutionally pass a law that moves up the date of the next election for President Barack Obama’s former Senate seat, said Attorney General Lisa Madigan.
The Illinois General Assembly can constitutionally pass a law that moves up the date of the next election for President Barack Obama’s former Senate seat, said Attorney General Lisa Madigan. State Republicans sought Madigan’s opinion, issued late Wednesday night, which came as controversy swirls around Sen. Roland Burris’ appointment. Voters are scheduled to pick Obama’s successor in a February 2010 primary and November 2010 general election. But the state GOP wants a May 26 election — effectively kicking Burris out if he doesn’t win. Neither the U.S. Constitution nor the Illinois Constitution would prohibit moving up the election, Madigan said. "Indeed, a law providing the people of Illinois with an opportunity to elect a U.S. Senator would be entirely consistent with the purpose and the text of the 17th Amendment," Madigan said. "That amendment announces a clear preference for selecting U.S. Senators by direct popular election." "A temporary appointee to the U.S. Senate has no right that prevents the General Assembly from passing legislation to enable the people to elect their U.S. Senator," she said. Currently, the Illinois’ governor has the power to fill Senate vacancies. But Gov. Pat Quinn has asked lawmakers to quickly pass legislation, already introduced by Rep. Jack Franks, to fill any Senate vacancy by special election. Illinois lawmakers had considered stripping Gov. Rod Blagojevich of his Senate appointment powers after his Dec. 9 arrest on federal corruption charges, but they couldn’t agree on legislation. Blagojevich shocked everyone by naming Burris to the seat Dec. 30. Burris testified before the Illinois House committee that recommended Blagojevich’s impeachment in January that he hadn’t contacted key Blagojevich staffers or offered anything in return for the Senate seat vacated by President Barack Obama. But he later released an affidavit saying he had spoken to several Blagojevich advisers, including the former governor’s brother and finance chairman, who Burris said called three times last fall asking for fundraising help. They also acknowledged trying, unsuccessfully, to raise money for Blagojevich. ______ Copyright 2009 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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