Illinois Democrat In Legal Bid to Force Special Election for Burris' Seat

By Keith Perine | February 26, 2009 1:16 PM | | Comments (0)

Tom Geoghegan, a Democratic candidate for the U.S. House seat vacated by White House chief of staff Rahm Emanuel, is part of a lawsuit against Illinois Democratic Gov. Pat Quinn trying to force a special election to fill President Obama's old U.S. Senate seat.

Of course, the Senate seat isn't empty -- it's occupied by Roland W. Burris, whom former Illinois Democratic Gov. Rod Blagojevich appointed a short time before being removed from office -- in large part because of federal allegations that Blagojevich tried to sell the seat. Burris now is embroiled in a scandal of his own because of inconsistent statements he made under oath about the circumstances surrounding his appointment.

"The 17th Amendment is very clear. It states in the case of a vacated Senate seat, the governor 'shall issue writs of elections to fill such vacancies.' This has not been done," said Geoghegan, who is a plaintiffs' counsel in the case. "We want (the) state of Illinois to call a special election as required by the U.S. Constitution,"

Geoghegan and his allies are arguing that language in the 17th Amendment that allows for state legislatures to empower governors to make "temporary" appointments means that governors can appoint senators to serve only until a special election can be held.

Burris has said he does not intend to resign. Right now, he is ostensibly serving the last two years of Obama's six-year term, which expires a little less than two years from now. Democrats are hoping Burris at least doesn't plan to run for election in 2010.

Geoghegan is competing in the Democratic primary for Emanuel's old House seat on March 3.

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