Durbin Urges Special Election For Obama's Seat After Blagojevich Charges

SPRINGFIELD, Ill. — Top Illinois lawmakers said Tuesday that they are preparing to call the Legislature into session as early as next week to set a special election, hoping to avert the possibility of their embattled governor picking the state's next U.S. senator.

House Speaker Michael Madigan, D-Chicago, said he is ready to convene the House on Monday to vote on a special election that would choose the successor to President-elect Barack Obama.

The move follows the arrest of Gov. Rod Blagojevich, who was taken into custody early Tuesday and accused of seeking money or other favors to influence his choice in picking Obama's replacement.

"Today's events are shocking and disappointing. It represents a new low for conduct by public officials," Madigan said in a statement.

Illinois Senate President Emil Jones said he would also call senators back for a special session in the corruption-plagued state.

"The faith of the citizens of Illinois has once again been shaken," Jones said.

Aides to Jones and Madigan said the leaders envision a permanent change in the way Senate vacancies are filled so that all future appointments could be settled by special election.

The governor, who faces fraud and bribery counts, was freed on $4,500 bail. Sen. Richard Durbin, D-Ill., urged the state House and Senate to settle on a special election that could withstand a Blagojevich veto.

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"No appointment by this governor, under these circumstances, could produce a credible replacement," Durbin told reporters in Washington.

Senate Majority Leader Harry Reid, D-Nev., made similar remarks and called for a process to fill the vacancy that does not involve Blagojevich. The charges against the governor, Reid said, "are appalling and represent as serious a breach of the public trust as I have ever heard."

Durbin, the Senate's second-ranking Democratic leader, said his state faces a messy and uncertain future with Blagojevich holding the power to name someone to finish the last two years of Obama's term.

Special elections are costly, Durbin acknowledged, but it might be coupled with a special election that will be needed to replace Rep. Rahm Emanuel. The Chicago Democrat will resign his seat soon to become Obama's White House chief of staff.

The Constitution requires House vacancies to be filled by elections. Senate vacancies can be filled by appointment, and Illinois, like most states, gives the power to the governor.

Blagojevich must be presumed innocent until proven guilty, Durbin said, but if the charges against him are true, "he has clearly abused the public trust." He did not call for the governor to resign but added: "If you are asking me if it would be in the best interests of the state to have a different person or governor, the answer is 'yes.'"

Blagojevich also waited 12 days to return Durbin's recent phone call requesting a discussion of the Obama vacancy, Durbin said.

The two men discussed about 20 possible replacements, Durbin said, and Blagojevich made no hint that he was seeking payments or other favors in making his choice.

The two men discussed about 20 possible replacements, Durbin said, and Blagojevich made no hint that he was seeking payments or other favors in making his choice.

Durbin said neither man advocated a particular candidate for the job.

"I told him my criteria," Durbin recalled. "I want someone who will take the seat and run for election. I want the appointment to be made sooner rather than later for seniority."

Durbin said he worried that Obama's former seat could remain vacant for months. With Senate Democrats only a few votes short of a filibuster-proof majority in the Congress that will convene next month, a vacancy could make it harder to pass Obama-backed measures "during a critical period in American history," Durbin said.

The Senate could refuse to seat a person appointed by Blagojevich. Several would-be senators have been rejected that way, usually when their election was corrupted or deeply in question.

The last appointed person to be refused a seat came from Alabama in 1913, when the Senate concluded the Legislature had not given the governor the power to fill a vacancy, said Senate associate historian Don Ritchie.

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Associated Press writer Chuck Babington in Washington contributed to this report.

Comments

[WilliamGossett]

Dumb call for special election and it is too late as vacancy occurred before any potential change in the law. The seat will still have to filled by gubernatorial appointment because that was the law at the time of the vacancy. Remember "ex-post facto?" This is such a case.

So, who cares what the press (who always want something to write about) wants or what the GOP wants? Maybe a US constitutional amendment to set the rules for all house and senate seats in case of early vacancy is in order, but until then, you can't change the rules in the middle of the game. In Illinois, it was, at the time of the vacancy, by gubernatorial appointment. It is only, at most, a 16 month term by the time it could be done.

[berkeleygirl1962]

I think this is silly. If Gov. B is dumb enough to appoint someone, all that someone has to do is turn down the appointment in the face of public opprobrium.

A special election is expensive and unnecessary, and changing the law to fit these particular circumstances is a knee-jerk reaction.

Meanwhile, the legislative "rush" should be to impeach Blagojevich if he refuses to resign. This couldn't possibly take longer than holding a special election.

Naming someone to the seat has become Blago's final card--not to forestall his conviction, but his last chance to torpedo someone in Illinois politics he wants to shaft on his way out the door. Advance refusal to accept an appointment from the soon-to-be-ex-gov would checkmate such a scheme.

Why doesn't someone (e.g. the Chicago Tribune) call on all potential candidates to publicly proclaim that they'd refuse to accept appointment by Blagojevich? If you defined the pool as "anyone who thinks they'd be, or wants to be, appointed to the vacant senate seat" you'd smoke out absolutely everyone because they'd ALL want the chance to (a) seem important and (b) publicly distance themselves from the Governor.

Then, once Blagojevich is out and the Lt. Gov. replaces him, HE can appoint someone to the vacancy in accordance with the law.

[Angelus2007]

Or, let Obama select his replacement. We know that Obama is not involved. (Well rational people know Obama was not involved, and I am a republican, and I know he wasn't involved).

This person will only be in place until 2010. Even a a republican, I don't think it would be fair to let a republican have a chance at this seat.

[jeniferdaniels]

NO ELECTION! why risk a potential Dem lose...

LtGov appoints the person on Monday!

[Angelus2007]

Why not a special election inside the democratic party?

[BartLA]

Blago should resign now and the Lt. Gov should point a replacement...and soon!

If Blago doesn't resign, the Legislature should take control and create a special election.

Enough of this.

[rhutner]

A special election would be a disaster. Too rushed, too costly and too risky. Look what happened in California. After impeachment or resignation (whichever comes first), Governor Quinn should make the appointment, after getting the advice of the state legislature.

[readmewell22]

Agreed.

[ltva]

This is a good idea. Not saying the governor is guilty of anything. However, because he has these charges hanging over his head, he should do the honorable thing and let the people decide through a special election.

[BSERIUS]

Kind of wish you had nov 4 over again for Dr Sauerberg.

[uvymopkq]

Give the seat to Blagojevich...he will fit in.

[JajeProduce]

Senator Durbin - Do us all a favor. Petition the president to grant Blago a pardon. You know for the sake of his children. You're really good at looking after people who abuse the public trust. You did it by condoning John Stroger's deathbed plan to deprive Cook County voters a choice in their next County Executive. Stroger's son got the job. So why go to the expense of having a trial and getting jurors to give up their lives for $17 a day if the perps only get a pardon once they are convicted

You may be one of the princes of the Senate but when it comes to the state of Illinois nothing is wrong until a politico is indicted. Let the prosecutors and judges discipline our politicians. Hey isn't Mrs. Durbin a lobbyist in Springfield? What's her take of pay to play in Illinois?

[hortonhearsawho2]

Get to the fire after it is out of control...special session = we can get something out of this.

[BlueZoo]

Coming from Durbin, who I thought might stand by the Governor, this is good news indeed! The Illinois legislature has already announced they will come back into session asap and vote for the special election. There really is no viable alternative plus they get a two-fer and fill Rham's seat as well. Any appointment made by this Governor would be suspect and I doubt anyone would take his calls at this juncture. When the Feds have you on tape, you're toast! I'll be shocked if he resigns, as he's such a megolomaniac that he honestly believes he's done no wrong. Maybe he's from the Nixon School of Justice: "If the Governor does it, it isn't wrong!"

[JMBrodie]

Agreed.

[edwarvir]

He's greedy for power and money.

[Hegemoneyhoney]

I don't necessarily think a special election is a bad idea, but there are viable - less costly - alternatives. Blagojevich should resign. If he doesn't resign, he can, at least, step aside and temporarily vacate the office until such time as he then resigns. During the "temporary step-aside", the Lt. Governor assumes office. The (weak, cowardly) legislature should impeach him (as they should have done already). They cowered before well "connected" Chicago machine pol Emil Jones and his crony Blago for years. The Attorney General can use the state Consitutional provision that lets the Supreme Court remove him from office on some basis of lack of fitness for office (THAT works!)

Senator Durbin: WHY are you peitioning Bush to commute George Ryan's sentence?? No! No! No!
Illinois citizens overwhelmingly want him to fully serve the sentence that he FINALLY began to serve!

[karela]

Blago is not the kind of guy who will wllingly step down from his office. As long as Blago is the governor, the special election is the only reasonable solution. It is no wonder that Blago didn't suggest payment to Dick Durbin or to Obama. A crook would not openly approach honest men with something so disgusting. Blago knew who he could squeeze and who he couldn't squeeze and neither Obama or Durbin is the kind. If he'd tried his nonsense on them, he'd have hit the dirt harder and faster.

[PiscesPrincess]

BSerious sure knows how to push our buttons... LOL...

[jumperpin]

Hwedoneedno steenkin "special election". And yeah, who WOULD be on the ballot?!?

Durbin is afraid that Lt. Guv and populist, Pat Quinn, would appoint the replacement.