Illinois GOP Wrong On Special Election to Fill Obama’s Senate Seat

Thursday, January 8th at 11:07AM EST

5 Comments

Once it became known throughout the state that Governor Balgojevich was being entertained by the U.S. Attorney for his creative attempts to shore up his retirement plans and once it was realized that the Governor had yet to pick a replacement to fill Barack Obama’s Senate seat, the Illinois GOP latched on to the call for a special election as the solution for that issue.

Unfortunately, they’re wrong.

Oh, don’t get me wrong, it is definitely the only way a Republican could possibly be sent to Washington as our junior senator from Illinois. But special elections are not the constitutional way we fill a vacated senate seat. It just isn’t.

Even Judicial Watch, normally a conservative watchdog group, knows it. They have today filed suit for Harry Reid to immediately seat Roland Burris, the governor’s pick.

Regardless, Illinois State Senator Bill Brady (R-Bloomington) is still demanding a multi-million dollar special election that the state can neither afford, nor can constitutionally justify.

“It’s not about Roland Burris,” Brady said. “It’s not about anything other than a scandalous party whose governor has been arrested and continues to give him the power to make this appointment.”

Senator Brady, I couldn’t agree with your sentiment on that particular point more. We cannot trust this governor in any way. He has been a disaster since day one. We Illinoisans should not accept anything from this man. Guilty of what Fitzgerald has charged him with or not, Rod Blagojevich has thoroughly lost the confidence of every last citizen of Illinois except, perhaps, Mrs. Blagojevich. And even her loyalty might be questionable once Fitzgerald starts to use what he has on her to get cooperation.

But, Senator Brady, we cannot have it both ways. We cannot, as Republicans, claim we want to stand by the law and get rid of a purportedly lawbreaking governor, and at the same time propose obviating our own constitutionally mandated process to fill a senate seat.

The Illinois Constitution clearly states that it will be the governor’s duty to fill a vacated senate seat. The constitution does not make provisions for a special election.

If you want a different process to prevail, you will have to change the constitution.

Let us not claim to be the more law abiding party and at the same time offer solutions that break that very law.

Yes it will mean that this time we will certainly get a Democrat replacement for Barack Obama. But principle is principle and the law is the law. It isn’t convenient for us to abide by the constitution. But it is the right thing.

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To which constitution are you referring?

GCBWI Thursday, January 8th at 11:35AM EST (link)

The 17th Amendment to the US Constitution states (in part): “When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.”

i’m not a Constitutional scholar, and have no legal training, but it seems to me that under this clause, elections are the normal means of filling vacancies, but a state legislature can pass a law which allows the Governor to appoint a replacement. i understand that Illinois has such a law, but if the legislature wants to change the law, they have the right to do so.

You can argue that’s bad policy, that it sets a bad precedent, but it isn’t something that requires a change in the US Constitution. Does the Illinois state constitution deal with this?

The Il. Constitution does address it

DRP Thursday, January 8th at 11:38AM EST (link)

It empowers the governor to fill the vacancy.

Like the article said, if they want a special election they’ll have to amend their constitution.

Thanks for the information.

GCBWI Thursday, January 8th at 11:40AM EST (link)

i don’t live in Illinois, or i wouldn’t have had to ask.

he is right...

JLenardDetroit Thursday, January 8th at 2:51PM EST (link)

in that we must stand by the process by which it exists now… BUT we can/should, of course, use every opportunity to badger and beat them about the head over the situation…. The focus must be on pressuring every State to start to put forth the required efforts to change the process for future situations…. My guess is that it will go ignored, and each state will do absolutely nothing until they are in this situation and it is too late….

People don’t learn and don’t care to be bothered until it is their State in the spotlight and the laughing stock of the country when preventative measures (proper and constant vigilance toward limiting powers of Government and any individual parts [like a Governor] within a government)….

As for IL, and the case in some other States, is that most will resist any change as they want to keep the power consolidated in the Governor because they feel they will most often control the Governors Office but not necessarily the “majority” within their State Senate….. Many States (most the battle-ground States these days, MI/PA for sure and others just barely getting Republican Governors into office) have just a few (but very large in population) Liberal enclaves that over-ride the rest of the States more rural and conservative votes to force in Liberal Democrat Governors (as well as US Senators) even when/where they may not be able to hold control of their Legislative bodies….. so (again) they want to keep the power in the power of one person in the Governors office….

this is a learning opportunity and a wake up call, which most won’t head that we cannot wait for the crisis’ of/in government to occur before we examine how to better address situations and put processes in place to protect ourselves…. It is too late to wait and when Liberals are over-running a State government to pass Super-majority requirements to pass Tax increases, yet many States hadn’t put that into place while having more Conservative controls in their States and now GET WHAT THEY HAVE COMING as the Tax increases will be piling up…. Safeguards/restraints must be put in place during the goods times to protect us from the worst practices of BAD GOVERNMENT….

(RS:Help) (JLD) (Hollyweird) (Brain-deads) (SPIN-cycle) (Obamaocare) (Party of kNOw) (Conservatism) (TEApeats) (respectful) (Reco) (Quotes) (removeRINOs.com) (Merry RSmas)
+ 0bama Lies & your Bank acct will Die! (4/15 Truthers)
+ Heil “O” Hell No Obamao is NOT MY PRESIDENT! “No U won’t”
+ I want “O” to FAIL (here, here, & whole Diary (Ofail) here, is why)
“The first Liberal was Satan” - a Rush caller (other Quotes)

Special Election....

JLenardDetroit Thursday, January 8th at 2:33PM EST (link)

of course, we can play word games here ….. a “Special Election” can be held within any States’ Senate…. my preferred method….

excerpt from here

Lastly, and beyond all these immediate/current concerns, will everyone learn the Lesson!?!? ALL States should amend Laws/Constitutions to REQUIRE a Special Election in these cases to avoid any potential for corruption. There is an alternative, and the one that I PREFER is, by letting a State Legislative body make the selection - WITHOUT GOVERNOR APPROVAL OR VETO! If you want to save the CO$T$ of a Special Election, let names be entered into nomination into a States’ Senate body, deliberate, and let the States’ Senate make the final appointment. You will have an honest/open discussion and vetting of anyone that gets promoted to the US Senate from any State in these situations then. Another reason why Illinois especially needs to let IL Senate decide (permanent change to their process) is because if a Special Election is held we know record number of Dead people in IL will come out to vote for the Democrat in the Special Election!!

I’d prefer States change their Constitutions/Laws to have their State Senate do just that…. People interested in a seat can say so and find a sponsor within the Senate body to put their “candidacy” forth…. Each “candidates” merits, qualifications, dirty-laundry, aired and considered and the people can call and promote or complain about those in consideration via their State Senators Offices…. Doesn’t ensure it is trouble free, but is a process in the hands of people more closely elected by the people (concerns of each/every area of a State) rather than being in the hands of one person….