Durbin: No Burris Senate seat without signature

[January 10, 2009]  CHICAGO (AP) -- U.S. Sen. Dick Durbin said Friday that Roland Burris should not be seated in the U.S. Senate because he has failed to get the secretary of state's signature on his appointment to replace President-elect Barack Obama in the chamber.

"There has never in the history of the Senate been a waiver of the requirement that the secretary of state's signature be part of the appointment process -- never," Durbin, the Senate's second-ranking Democrat, told a news conference.

Durbin's statements came hours after the Illinois Supreme Court ruled that no law requires Secretary of State Jesse White to sign the appointment, made by Gov. Rod Blagojevich, to make it official.

White has steadfastly refused to sign because federal corruption charges against Blagojevich include allegations he tried to sell or trade the seat for personal or political favors. Blagojevich was impeached Friday.

The comments from Durbin, the Senate's No. 2 Democrat, seemed to douse Burris' hopes of being seated anytime soon.

Durbin said Obama's former U.S. Senate seat should not be filled until after the Illinois Senate completes its impeachment trial of Blagojevich, which could take weeks.

Blagojevich named Burris to fill the vacant seat after his Dec. 9 arrest on federal fraud and bribery charges and because of the taint the appointment has been contested ever since. Democratic leaders, however, recently had seemed to be softening to the idea of swearing-in Burris as a member of the Senate.

Durbin acknowledged the state's high court had found there was no reason why the lack of White's signature should stop the appointment.

"That is of course the Illinois Court's right and responsibility to reach that conclusion," Durbin said. "However, there is more to the story. It isn't just a question of whether Illinois law is met. It isn't a question of whether the Illinois Constitution has been served but whether the actions taken are sufficient for the person to be appointed to fill the vacancy under the rules of the United States Senate where I serve."

Durbin noted that if Blagojevich is convicted at his state Senate impeachment trial, he will no longer be the governor and Lt. Gov. Pat Quinn will take over.

"I think it's best to suspend activities in the filling of that vacancy until that impeachment trial in the Illinois Senate is concluded," Durbin said. He said Quinn could "then have the authority to make this appointment in a clean, legal way and make his recommendation and his appointment known to the United States Senate."

White on Friday signed a document requested by Blagojevich's office that acknowledges a copy of the letter appointing Burris to the U.S. Senate is on file with the state. But White still refuses to co-sign Burris' appointment paperwork with Blagojevich.

[Associated Press; By MIKE ROBINSON]

Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.