Blagojevich's Power to Appoint

Curious about Rod Blagojevich and his power to appoint Roland Burris to the United States Senate? Here's the current language from the Illinois Compiled Statutes -

§ 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. 10 ILCS 5/25-8.

This has been the law in Illinois since 1943. If you are researching this on Westlaw there is a yellow flag indicating pending legislation. As you might expect the Illinois Legislature is in the process of amending the law. Here is one of two proposals currently pending before the Legislature...

Sec. 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; except that the Governor shall not make such a temporary appointment if the Governor has been arrested, charged, or indicted for a felony offense and the Governor has not been acquitted, the charge has not been dropped or dismissed, or, in the case of an arrest, there has been no charge or indictment within 30 days after the arrest. The , at which time such vacancy shall be filled by election at the next consolidated or general election. The , and the senator so elected pursuant to this Section shall take office as soon thereafter as he shall receive his certificate of election. 2007 IL H.B. 6730 (NS)

It's not law yet. Regardless, it certainly will not help to resolve the current situation. The other proposal reads as follows -

Sec. 25-8. When a vacancy shall occur in the office of United States Senator from this state, the vacancy shall be filled, the Governor shall make temporary appointment to fill such vacancy until the next election of representatives in Congress, by a person selected jointly by the Governor, Lieutenant Governor, Attorney General, Secretary of State, State Comptroller, and State Treasurer, assembled at the call of the Governor. At the next election of representatives in Congress, the vacancy 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. 2007 IL H.B. 6732 (NS)

Tracking changes to state statutes has become significantly easier on both Westlaw and Lexis in recent years. Always follow up if you see an indication of pending legislation. The change about to be made may resolve your problem for you...