Senator Dick Durbin said Friday that the Senate will not seat Roland Burris without a signature from Illinois Secretary of State Jesse White, putting the future of Gov. Rod Blagojevich's U.S. Senate appointee further in doubt.
Durbin's remarks follow two pivotal events earlier in the day: the impeachment of Blagojevich and a state supreme court ruling which held that the Secretary of State's signature is not required to validate Burris' appointment.
"No further action is required by the Secretary of State or any other official to make the Governor's appointment of Roland Burris to the United States Senate valid under Illinois law," Justice Lloyd A. Karmeier wrote for the court in its unanimous decision.
Senate Democratic leaders cited the absence of the Secretary of State's signature on Burris' appointment as the main reason for turning him away from the Senate earlier this week. The state court ruling held that while a U.S. Senate rule "recommends" the Secretary's signature on an appointment, it is not required to validate it.
The ruling appeared to volley the debate over seating Burris back to Senate leaders in Washington, but Durbin was adamant Friday that the Senate "must insist" on its rule requiring the signature.
Below are statements from Burris and Secretary of State Jesse White on the Illinois Supreme Court Ruling (A pdf of the ruling can be found here):
Roland Burris:
Today the Illinois Supreme Court ruled that the Secretary of State's signature is not needed to validate my appointment to the U. S. Senate by the Governor. I am very happy that the Supreme Court ruled supporting our argument that everything surrounding this appointment was legal and complete. This appointment meets the qualifications required by the U.S. Senate of all Gubernatorial appointees to fill vacated seats.
After addressing the Illinois House Special Investigative Committee yesterday affirming that there was nothing questionable surrounding my appointment by the Governor, I am confident I have cooperated with all the requests of the U. S. Senate and I expect they will validate my credentials and seat me in a timely manner. I am humbled by all the support I have received and look forward to getting to work addressing the important issues our state and nation are facing.
Jesse White:
I want to be clear that I could not and will not in good conscious sign my name to any appointment made by Governor Rod Blagojevich to fill the senate vacancy. This governor was arrested in part for trying to sell this very same senate seat.
I want to thank the Illinois Supreme Court for their ruling today. They have affirmed what Attorney General Lisa Madigan and I have maintained all along: that I have fulfilled my legal obligations to appoint Roland Burris to the U.S. Senate.