Greg Sargent notes that Blago Can Still Make The Appointment, despite now being under investigation for trying to trade the appointment for personal favors. As long as Blagojevich is in office (i.e., doesn’t resign or isn’t impeached), he retains the power to fill the slot.
Congressman Dick Durbin wants special election to replace Obama, which I think is feasible if the Illinois legislature acts to take the power of appointing a replacement away from the governor. At least, that is my reading of the text of the XVIIthe Amendment
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.
Presumably, the Illinois state legislature has so empowered the governor in the past and can un-empower the office via legislation, even if temporarily.1 I expect there will be much more said on this topic soon.
Sphere: Related Content- Of course, as I have stated before, my preference is that all Senate seats be filled via special election as soon as possible, rather than giving governors the power to fill the seat for anything more than a brief interregnum. I would also prefer that the temporary appointees not be allowed to run for the seat. [↩]
December 9th, 2008 at 4:44 pm
It might take a (state) constitutional amendment to change the process of filling a US Senate vacancy.
December 9th, 2008 at 4:47 pm
Why no eligibility for election to the remaining term for your ideal interim Senator, Steven?
Do we want Senators casting votes with no incentive to consider what the state’s voters want?
Frankly, I think that’s a bad idea.
December 9th, 2008 at 5:04 pm
What I am thinking in terms of is something like a very temporary filling of the seat and a special election within 6 weeks. That way the state would not lack for representation, but the governor would not be in the position to name someone who would automatically have the patina of “incumbent” layered on top of them as they then run for election.
Of course, if we are talking about a longer-term replacement, I take your point.
December 9th, 2008 at 5:16 pm
BTW, I don’t see anything in the Illinois state constitution about senatorial replacements, so it doesn’t seem that an amendment is at issue.