Illinois Secretary of State: I Won't Certify Roland Burris as Senator

Reid won't even have to intercede.

In an act of political audacity, embattled Illinois Gov. Rod Blagojevich named former state attorney general Roland Burris to fill President-elect Obama's Senate seat, a position he is accused of trying to "sell."
The appointment was instantly rejected by Illinois Secretary of State Jesse White who said he would refuse to certify Burris' selection, and by Senate Majority Leader Harry Reid who said Burris would not be allowed to be seated.

SecState White is black, by the way. Not sure how that matters, except that, you know, it matters. Because he's racist against Burris or somethin'.

Thanks to Alice H.

Gabe's Analysis: Gabe sends this--

Regarding the Illinois Secretary of State refusing to certify Blagojevich's appointment, I think there's a good case to be made that he has no choice in the matter.

15 Ill. Comp. Stat. 305/5 provides:

It shall be the duty of the Secretary of State:
...
2. To make a register of all appointments by the Governor, specifying the person appointed, the office conferred, the date of the appointment, the date when bond or oath is taken and the date filed. If Senate confirmation is required, the date of the confirmation shall be included in the register.
The use of "shall" typically indicates a mandatory act without discretion.

Of course, I don't really know anything about Illinois law. It was just my first thought that since the state delegates the power to make appointments to the Governor, the Secretary of State would also have to have been delegated some authority to stop him. As far as I can tell, it doesn't. So, if I were going for the crazy defense like Blagojevich appears to I'd go ahead with the appointment anyway, and declare Buriss a Senator. Of course, this now gives Harry Reid cover to refuse to seat him...

Gabe may be right, but I think he's forgetting that this is Illinois. It doesn't seem that the letter of the law is particularly important to the political class. Expediency, self-interest, and raw political muscle -- the political class simply agreeing this can be done, the law be damned -- seem to be the real law of the state.

Posted by: Ace at 04:35 PM

Comments

1 Well that was anti-climactic...

Posted by: runninrebel at December 30, 2008 04:36 PM (0n9wc)

2 Hmmm.

I thought the Gov's power to appoint was absolute.

Posted by: memomachine at December 30, 2008 04:38 PM (XNKxF)

3 This was a criminal defense strategy.

Posted by: Stephen Macklin at December 30, 2008 04:38 PM (R7LgM)

4 To those of you not familiar with Illinois politics (and who here can say that these days), Jesse White's claim to fame was creating a team of inner-city tumblers. This of course gave him the requisite experience to issue driver's licenses.

Posted by: Big Fat Meanie at December 30, 2008 04:39 PM (n2eCn)

5 Does anyone know where you can buy the real Amos & Andy reruns?

Posted by: NortonPete at December 30, 2008 04:39 PM (fVuwW)

6 Elections are certified, I don't know about appointments. Seems like a reach.

Posted by: toby928 at December 30, 2008 04:41 PM (PD1tk)

7 ...and certify Senators.

Posted by: Big Fat Meanie at December 30, 2008 04:42 PM (n2eCn)

8 White's claim to fame was creating a team of inner-city tumblers.

Why do you hate tumblers?

I bet you hate tumbling tots, too.

Posted by: IreneFingIrene at December 30, 2008 04:43 PM (lhxhu)

9 I guess that ends this drama.

I'm not so sure. Blago doesn't strike me as the go quietly type. I also doubt Burris and Rush are going to give up that easily.

I still want to see Obama's comment. That should be fun.

Posted by: DrewM. at December 30, 2008 04:43 PM (hlYel)

10 From what I have heard, "people" are saying the secretary of state of Illinois has no authority in that regard.

Posted by: RiteWingFascist at December 30, 2008 04:43 PM (1hSHv)

11 Actually, my sense is that it is at least plausible -- maybe even likely -- that SoS White could lose a court challenge on this.

Posted by: Robert_Paulson at December 30, 2008 04:47 PM (Rmb4y)

SecState White is black, by the way. Not sure how that matters, except that, you know, it matters. Because he's racist against Burris or somethin'.

I'm not white like Barry White, but white like Frank Black is....

name that song? anyone?

Posted by: Lemmiwinks at December 30, 2008 04:49 PM (CiVat)

13 I wonder how much Roland Burris paid to incur this public humiliation?

Posted by: WalrusRex at December 30, 2008 04:49 PM (DVVXZ)

SecState White is black, by the way.

Wait a minute. White is black?

Posted by: TheQuietMan at December 30, 2008 04:50 PM (1Jaio)

15 Blago is still ahead.

Dems still look like "The Man" holding the Black Man down.

Posted by: eman at December 30, 2008 04:50 PM (A0fZ7)

16 looks like its far from over:

http://tinyurl.com/84lota

Posted by: RiteWingFascist at December 30, 2008 04:50 PM (1hSHv)

17 Wasn't Jesse White the actor who played the Maytag repairman?

Nevermind.

Posted by: dc at December 30, 2008 04:52 PM (H7r5N)

18 Umm..uhh.. this is not the Roland Burris I thought I knew.

Posted by: TheQuietMan at December 30, 2008 04:52 PM (1Jaio)

19 Jesse White has a tumbling team, btw.

Posted by: mesablue at December 30, 2008 04:55 PM (5yNaE)

20 I love my state and its colorful characters. What an embarrassment. I don't think Fitz has the real goods on him though, unfortunately. I think the legislature may also have problems impeaching and then convicting him as well.

Posted by: laddy at December 30, 2008 04:56 PM (AUzci)

21 He should appoint Jeri Ryan's ex-husband.

Posted by: eman at December 30, 2008 04:56 PM (A0fZ7)

22 Ugh, I should read the comments.

Posted by: mesablue at December 30, 2008 04:56 PM (5yNaE)

23 Apparently it may not matter what another media seeking Detroit pol thinks of the appointment.

Blag vs. White

"But White aides acknowledged the lack of a signature on the form is symbolic and the office doesn't believe it will have any practical impact on Blagojevich's appointment."

Posted by: adamthemad at December 30, 2008 04:57 PM (kIjlp)

I wonder how much Roland Burris paid to incur this public humiliation?

FTFY

Posted by: Hollowpoint at December 30, 2008 04:57 PM (rf03a)

25 Here's the play by play
1. Blago is pissed at the Dems for not defending him
2. Blago appoints a guy that is a Dem, will accept the position, untainted by the scandal, and most important, NOT desired by the Chicago machine
3. Dem machine does everything it can to stop this appointment

Posted by: jcp at December 30, 2008 04:58 PM (DHNp4)

26 Caroline Kennedy is still available.

Posted by: ricky at December 30, 2008 05:01 PM (qfzyC)

27 How great is it that the first days of The New Era in DC are going to be taken up by old style Chicago politics of power and corruption?

I knew I shouldn't have shorted Popcorn futures!

(Where's my bailout?)

Posted by: DrewM. at December 30, 2008 05:02 PM (hlYel)

28 So the Illinois SecState has veto power over governor appointments? What's his legal reason for refusing to certify a nominee? Smells like someone trying to get his name in the press.

Posted by: Kenneth at December 30, 2008 05:02 PM (INC9T)

I don't see how the Secretary of State could hold this up- that would allow a Sec of State to hold up appointments for purely political or personal reasons. Hell, the way Illinois operates, I could see a SoS refusing to certify anyone but himself.

Burris is probably loving this- who outside of Illinois ever heard of him before this? I bet he's already collecting "donations" from those looking for a cushy Senate staffer job or an earmark handout.

Posted by: Hollowpoint at December 30, 2008 05:03 PM (rf03a)

30 He should have gone with a Kennedy

Posted by: toby928 at December 30, 2008 05:04 PM (PD1tk)

31 Dammit ricky, I should have hit refresh

Posted by: toby928 at December 30, 2008 05:05 PM (PD1tk)

32 drooool...Matt Damon...

Posted by: Matt Damon at December 30, 2008 05:05 PM (CiVat)

33 Something by The Barenaked Ladies?

Posted by: 4thGenerationBuck at December 30, 2008 05:06 PM (AtjNL)

Cue incoherent rant from Maxine Waters fronting for the the Congressional Black Caucus in 3...2...1.

One gets the feeling this was a Hail Mary from the guvnah's defense team. To wit--"See, the guy the Governor selected is not dirty, therefore the whole thing is a figment of that Fitzgerald guy's (racist) imagination."

However, to throw an effective Hail Mary, one must have the arm strength to get it to the end zone. This one barely made it back to the line of scrimmage.

There is also a lesson there for the Bears coaching staff who apparently think Kyle Orton is an NFL QB.

Posted by: Circa (Insert Year Here) at December 30, 2008 05:06 PM (B+qrE)

I'm not giving up. Time to start eamiling and calling the sec state office and scream "racism" is the reason he wont certify Burris!

I think Blago will bring this to court so we still have that to look forward to that at the least. Meantime do everything possible to make this a racism issue for the Dems.

Fun stuff!

Posted by: SamIam at December 30, 2008 05:09 PM (jl7C/)

36 It doen't matter what the Ill SoS says. Dingy Harry Reid has said he won't seat him, and we know that Dingy is a man of his word.

Posted by: Don Carne at December 30, 2008 05:11 PM (wSNS7)

37 And here I thought that Blagojevich found his Magic Negro!

Posted by: Xoxotl at December 30, 2008 05:12 PM (FrV/a)

I don't think Fitz has the real goods on him though, unfortunately.

I wouldn't be so sure. Rezko has been singing for quite some time now and those two have a long, long history. I think the senate seat investigation was just to see who else he could pull into the net not the core of what he has.

Fitz doesn't strike me as the type who would indict if he couldn't convict.

Posted by: JackStraw at December 30, 2008 05:14 PM (VW9/y)

39 I don't see how the Secretary of State could hold this up- that would allow a Sec of State to hold up appointments for purely political or personal reasons. Hell, the way Illinois operates, I could see a SoS refusing to certify anyone but himself.

At best, it would cost the appointee double the bribe money.

Posted by: WalrusRex at December 30, 2008 05:15 PM (DVVXZ)

And since no one has said it yet-

Thanks, Nancy!

Posted by: Hollowpoint at December 30, 2008 05:15 PM (rf03a)

41 #36 - And Dingy Harry Reid will be painted as the racist, old white guy trying to stop the potential appointment of a black senator...karma is so sweet...

Posted by: IC at December 30, 2008 05:16 PM (jZNCU)

42 Tomorrow Blago fires White.

Posted by: eman at December 30, 2008 05:17 PM (O8KSM)

Why doesn't Blago appoint Michelle Obama? Or Oprah winfrey for that matter?

Maybe she would take it. Hilarity ensues as dems attempt to reverse course on Blago having the moral authority to fill the seat.

Posted by: Log Cabin at December 30, 2008 05:17 PM (ITuw5)

44 Ace needs to update the post.

comments #23 & #16 already pretty much prove the SoS was just doing his best to showboat.

Posted by: RiteWingFascist at December 30, 2008 05:18 PM (1hSHv)

45

Ace needs to update the post.

comments #23 & #16 already pretty much prove the SoS was just doing his best to showboat.

Posted by: RiteWingFascist at December 30, 2008 05:18 PM (1hSHv)

You're assuming Ace reads his own blog.

The Warren Court ruled that Harry Reid can't refuse to seat Burris and the SoS is blowing smoke.

I'm dipping my balls in this!

Posted by: Tinian at December 30, 2008 05:27 PM (Ohodx)

46 I'm not sure any thing can stop this appointment now...not without some really imaginative work construing the law and Constitution. Am I wrong?

Posted by: The Obvious at December 30, 2008 05:28 PM (1g+FW)

47 Hello, ACME Popcorn Company? Hi. Yeah, it's me again.

You know that 6 pallet order I just put in, make it 10.

Posted by: eman at December 30, 2008 05:30 PM (O8KSM)

Showboat?! SHOWBOAT?! SHOWBOAT??!!

Bzzzzt: that's racist!! Take him away!

Posted by: sherlock at December 30, 2008 05:31 PM (8V5Ut)

49 my guess is the dems are regretting not letting his lawyer call emanuel and jarrett right about 3 hours ago.

Posted by: ed at December 30, 2008 05:34 PM (Urhve)

50 Gabe may be right, but I think he's forgetting that this is Illinois.

Is it anything like Chinatown?

Posted by: Jake at December 30, 2008 05:40 PM (hlYel)

Fantasy Slushop wish... smirking Blago head on Wyle E. Coyote body, unpacking large crate labelled "ACME Inflatable Senator".

On the side are check boxes for indicating the model inside:

_ OBAMA

_ KENNEDY

_ REID

X SEAT-WARMER

Posted by: sherlock at December 30, 2008 05:40 PM (8V5Ut)

52 Regarding the Illinois Secretary of State refusing to certify Blagojevich's appointment, I think there's a good case to be made that he has no choice in the matter. 15 Ill. Comp. Stat. 305/5 provides: It shall be the duty of the Secretary of State:
... 2. To make a register of all appointments by the Governor, specifying the person appointed, the office conferred, the date of the appointment, the date when bond or oath is taken and the date filed. If Senate confirmation is required, the date of the confirmation shall be included in the register.
The use of "shall" typically indicates a mandatory act without discretion. Of course, I don't really know anything about Illinois law. It was just my first thought that since the state delegates the power to make appointments to the Governor, the Secretary of State would also have to have been delegated some authority to stop him. As far as I can tell, it doesn't. So, if I were going for the crazy defense like Blagojevich appears to I'd go ahead with the appointment anyway, and declare Buriss a Senator. Of course, this now gives Harry Reid cover to refuse to seat him...

Posted by: Gabriel Malor at December 30, 2008 05:40 PM (ztNrs)

On the Governor's authority to appoint Obama's replacement, it sounds pretty absolute to me:

From 10 Ill. Comp. Stat. 5/25-8:

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.

No certification from SecState White is required.

Posted by: Gabriel Malor at December 30, 2008 05:42 PM (ztNrs)

I'll make a wager here that once the dems realize that an election could result in a Republican seat, this will all disappear and Burris will happily sit in his senate seat.

Posted by: irongrampa at December 30, 2008 05:43 PM (ud5dN)

55 The Warren Court ruled that Harry Reid can't refuse to seat Burris and the SoS is blowing smoke.

I'm dipping my balls in this!

Posted by: Tinian at December 30, 2008 05:27 PM (Ohodx)

You assume, of course, that the Evolving Standards of the Living Constitution� won't come into play.

Posted by: David in San Diego at December 30, 2008 05:45 PM (GF+6V)

56 I am putting my money on Blago using the April Fool's Defense: "I knew I was being wiretapped (how could I not know), so I said all that stuff as a way of jerking Fitz's chain. Didn't mean any of it. April Fool!"

Posted by: Steven Searle at December 30, 2008 05:47 PM (ESiy4)

57 This puppy's going to court and it will be clear that the Senate cannot refuse to seat him unless his is constitutionally disqualified. And shall means shall, no Clintonian wiggle room. It will be a great ongoing counter to the Obama whorshiping.

Posted by: Federale at December 30, 2008 05:47 PM (H1JJq)

58 How about Rev. Wright?

He goes to church every Sunday, knows American History, and he really knows how to work a crowd.

Posted by: eman at December 30, 2008 05:48 PM (O8KSM)

Lemmiwinks, it's Fire Water Burn.

C'mon, people. I'm disappointed.

Posted by: Sobek at December 30, 2008 05:51 PM (UefZl)

Reid can't do squat- he's grandstanding.

The IL Secratary of State can at best delay the appointment by getting it hung up in court, where he'd likely lose. But perhaps that's the intent- just buy time until Blago is impeached or resigns.

Posted by: Hollowpoint at December 30, 2008 05:56 PM (rf03a)

61 Barry can't be liking this.

Blago just poured ketchup on Barry's waffle.

Posted by: eman at December 30, 2008 06:00 PM (O8KSM)

I love my state and its colorful characters

Colorful? That's racist!

Posted by: Jack Bauer's Evil Brother at December 30, 2008 06:01 PM (2H9nS)

63 Unless Fitz has Burris and Blago doin' the old Quid Pro Quo (IYKWIMAITYD) over the phone, Brother Reid doesn't have a chance in Outer Darkness.

Posted by: David in San Diego at December 30, 2008 06:05 PM (GF+6V)

64 What do you country club senators have against poor regular folk?

Posted by: JJJ at December 30, 2008 06:23 PM (3Bqev)

Lemmiwinks, it's Fire Water Burn.

C'mon, people. I'm disappointed.

We have a winner. Nicely done Sobek. I couldn't read that paragraph without those lyrics automatically popping into my head.

Posted by: Matt Damon at December 30, 2008 06:30 PM (5GNS+)

66 The latest from the Chicago Swamp Drainer:

As our reporters hovered near exits, one gentleman was surrounded and peppered with questions, but would only comment anonymously:

"Damn, after all that work finding a clean guy in this City." said the highly placed source within the Governor's inner circle: "You just don't know how hard that was."

(The Swamp Drainer is committed to printing all the news that is fit to invent)

Posted by: Robert at December 30, 2008 06:32 PM (VotgB)

67 Dammit forgot to take off the Matt Damon costume.

Posted by: Lemmiwinks at December 30, 2008 06:33 PM (5GNS+)

Roland Burris is the pol who origianlly helped Blago get elected back in '02 I think. Blago was in a primary fight with Paul Vallas for Gov and Vallas was leading him in the pols, especiallay with the African American community. Vallas was very popular with the work he did with Chicago Public Schools. Then lo and behold Roland Burris comes out of political retirement and throws his hat in the ring with a mysterious $1M campaign contribution that was never really disclosed.

Anywhoo - he threw out a few campaign ads in Crook County, made a few appearances and in the end took away enough of the African American vote from Vallas to let Blago win the primary and here we are.

Jesse White is one of the few good guys in IL - and since that is a select club, it's saying alot!

Posted by: fred at December 30, 2008 06:48 PM (vBdzg)

(LMAO) I completely agree with Bobbie Rush in this! These 99 raaaacist whitey Senators and Ill. sec-state uncle Tom will be conducting a 20th century lynching if they don't seat this fine African American man. (giggle fit)

(deep breathe)

Seriously though, we have to concentrate on making this a race issue and give the Dems back what they have created.

Posted by: SamIam at December 30, 2008 06:53 PM (jl7C/)

Living in FAR west suburban Chitown, I'm lovin this.
Family I havent talked to in months are calling asking just what in the hell are we doing over here....
All I can say is keep watching, it aint over...

yet..

Posted by: IP at December 30, 2008 07:15 PM (A959l)

Illinois law is whatever the Chicago machine says it is.

You got a problem wid dat?

Posted by: -Shawn- at December 30, 2008 07:15 PM (MMeWH)

72 Breaking-Obama just announced he opposes this nomination.

Posted by: Jack Bauer's Evil Brother at December 30, 2008 07:25 PM (2H9nS)

73 The Sec of State can do no such thing. Nor can Reid. The SC has already spoken on this very issue, the Gov of the State is the final authority. All the US Senate can do is impeach the Senator and try and oust him, once seated. Blago to Obama, I got you by the short ...... Your move big guy.

Posted by: bill-tb at December 30, 2008 07:28 PM (7evkT)

74 Obama should have paid the money

Posted by: toby928 at December 30, 2008 07:28 PM (PD1tk)

75 Blago is still going to the Inaugural, right?

Posted by: eman at December 30, 2008 07:40 PM (O8KSM)

76 Looks like the Senate Dems and Obama are raaasssccciiisssttt. Keeping a good man down jus cuz he's black. Absolutely nobody has say there's anything crooked or dishonorable about him, and since he's been elected statewide to Controller a couple times and AG once, he's already more qualified than Obam...er, Caroline. Do they really want to dis this guy, and make "experience" an issue? Heh....

Posted by: Frank G at December 30, 2008 07:41 PM (P0rQD)

77 Until all this is resolved, I suggest counting Dick Durbin's votes twice.

Posted by: B Hussein Obama at December 30, 2008 07:51 PM (Wf8fc)

78 This makes Burris Blago's Magic Negro...and Bobby Seal is Burris':

"Let me just remind you that there presently is no African-American in the Senate...this is just not a state of Illinois matter. I would ask you to not hang or lynch the appointee as you try to castigate the appointer. Roland Burris is worthy."

Illinois' Frank Salvato @ newmediajournal.us, who before the election warned us (when the Media wouldn't) about kicking over these rocks:

"The (Illinois) House Democrats, who hold a 67-51 majority, refused to correct what Attorney General Madigan called an �unsustainable situation� because it would have established as a solution a special election to determine who would fill the vacant US Senate seat, bringing forth the possibility that � horror or horrors � a Republican might win the seat! Instead, the Democrats in the Illinois Legislature � led by Madigan � have put into motion an impeachment process, a process that could last longer than Blagojevich�s term. By the Illinois Legislature�s inaction, did they effectively serve the people of Illinois or the Illinois Constitution? Or did they place the importance of their political party above the people of Illinois?

...[I]t is an example of what happens to government when the voting public becomes both apathetic to the process and susceptible to the corruption."

The Lt. Gov. is reportedly that rarest of birds--a clean, reform Democrat. So the Machine doesn't want him to name a senator either.

These are the Third World-style banana republic politics Obama brings...Kenya dig it?

Posted by: Noel at December 30, 2008 08:21 PM (4gHqM)

79 correction: "lynch" quote was Rep. Bobby Rush, not Bobby Seal--wrong cat.

Posted by: Noel at December 30, 2008 08:33 PM (4gHqM)

80 Mr. Franck @ Bench Memos:

"Until 40 years ago, there was little doubt that the Senate could have refused to seat a would-be senator, however valid the process of his selection. But in 1969 the Supreme Court decided Powell v. McCormack, holding that the House of Representatives could not deny a seat to a duly elected person who met all the Constitution's qualifications and suffered from none of its disabilities.

I think Powell was wrongly decided�for reasons irrelevant here�but it is generally accepted as an authoritative gloss on the power of either house of Congress to deny a seat to a validly chosen would-be member. Rod Blagojevich has treated Harry Reid's threat like a bluff he is now calling. My bet is that Reid will fold."

Me, too.

Posted by: Noel at December 30, 2008 08:45 PM (4gHqM)

81 "I don't really know anything about Illinois law--"

Hell, then you should run for election. All these guys are crooks. It's just that some haven't been discovered yet.you have to have a record to be an alderman.

I'm with Jack: Blago's doing this because he has the hot hand. He's got something good on Barry. Let me out it this way: if he didn't, he would have curled up and died already. He feels he can win this thing, and, if he's got the goods on Obama, I suspect he can.

Posted by: Chicagoan at December 30, 2008 08:55 PM (5JMUW)

82 Sen Reid and the dems are going to try to keep out the only African American Senator from the US Senate? Sorry, don't think he has that power. The SCOTUS decided forty years ago that the qualfications clause may only be exercised to remove those lacking constitutional qualifications or containing constitutional disqualifications (oh say, like if a person had an age or citizenship problem).

Posted by: eaglewingz08 at December 30, 2008 09:40 PM (gp33M)

Posted by: aaabs at December 30, 2008 10:22 PM (veTFs)

84 Blago is political GENIUS!!!! (must be the hair...)

1. He's doin' the "state" thing and calling up the IL Constitution.

2. He's splittin' the black Dems in IL down the middle. (You like Triple J or Burr?!?!)

3. He's calling out Fitz by his selection of Bur knowing Burr's ties to Reynolds (BOH cash man).

I'm liking Blago more every single day.

Posted by: AGR at December 31, 2008 12:33 AM (r8a5Z)

85 uhm, if Sec White is black and Rolland Burris is black, where is the racism angle?

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