 A federal court opinion released Wednesday said the U.S.
Constitution requires an election to be held if there is a vacancy
in the U.S. Senate.Illinois had a Senate vacancy in 2008, when
Barack Obama resigned from the Senate after winning the presidential
campaign.
Former Illinois Gov. Rod Blagojevich filled that vacancy when he
appointed Roland Burris to replace Obama.
But Burris was supposed to be a temporary appointment, according
to the opinion from United States Court of Appeals Judge Diane P.
Wood.
Speaking for the 7th Circuit Court of Appeals, Wood said Gov. Pat
Quinn should declare an election to determine who serves for the
remainder of Obama's Senate term. The opinion said:
The governor has a
duty to issue a writ of election to fill the Obama vacancy. That
writ must include a date, but it appears that the Illinois
legislature has provided only one date from which Governor Quinn may
choose: November 2, 2010.
Nov. 2 is also the date of the state's general election, which
sets up the possibility of two votes for U.S. Senate on the same
ballot.
One winner would likely serve the remaining eight weeks of
Obama's term in the 111th Congress.
The other winner would serve as the junior senator from Illinois
for the 112th Congress. Democratic state Treasurer Alexi Giannoulias
and Republican congressman Mark Kirk are the frontrunners in a
contentious race for the seat.
The issue of a special election to replace Obama arose from a
civil suit filed against Quinn by two Illinois residents, Gerald
Judge and David Kindler.
One of the lawyers representing the residents, Marty Oberman,
said the case now moves back to a federal trial judge for
consideration. The trial court will reconvene the case on Wednesday.
"The 17th Amendment (of the U.S. Constitution) says when there's
a vacancy (in the U.S. Senate), the governor shall issue a writ of
election," Oberman said. "Illinois governors never have. … We
would've liked to have seen the election as soon as possible, but it
didn't happen that way."
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Ken Menzel, a lawyer with the Illinois State Board of Elections,
said the agency is waiting for the trial court to rule before taking
action on any ballot changes.
"We've got a lot that we'd have to see, based on first, whatever
it is the court actually rules, and second, to the extent that
there's leeway for the governor to act with a writ (of election),
what the governor chooses to do with his writ," he said.
The offices of Burris, Quinn and Illinois Attorney General Lisa
Madigan each said they were reviewing the appellate court opinion.
The talk of a special election for Obama's Senate seat comes 18
months after Burris, a former Illinois attorney general, was
controversially sworn in to the Senate.
Blagojevich made the appointment just weeks after he had been
arrested and placed on bail by federal authorities.
Blagojevich is now on trial, facing numerous corruption charges,
including an accusation that he tried to exchange an appointment to
the Senate seat for a large campaign contribution.
Both Blagojevich and Burris have repeatedly denied any exchange
taking place.
The case under consideration is Judge v. Quinn.
[Illinois
Statehouse News; By KEVIN LEE]
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