Status on Burris and Franken
Posted: Tuesday, January 06, 2009 10:45 AM by Mark Murray
Filed Under:
Congress
From NBC's Ken Strickland
Roland Burris and Al Franken will not be seated as U.S. senators today, nor will they be allowed on the Senate floor. This is because both men have yet to produce election certificates approved by Senate rules.
Under Standing Rules of the Senate, Rule II, the "recommended" certificate of election and appointment should include the signature of both the state's governor AND the state's secretary of state. (One Senate staffer made a point to note the word "recommended" and not "required" as a possible point of contention for Burris' argument to be seated.)
In Burris' case, the Illinois secretary of state has refused to sign the certificate because of the Blagojevich corruption scandal. Yesterday, according to Sen. Dick Durbin, Blago's chief of staff came to Washington and submitted Burris' "certificate of appointment." The secretary of the Senate rejected the paperwork, citing the absence of the IL secretary of state's signature.
As for Franken, Minnesota law requires that all legal proceeding challenging election results be completed before an election certificate is given. Franken's opponent, incumbent Sen. Norm Coleman, has promised to file a lawsuit today. Senate Democrats believe Franken will ultimately prevail, but have to let the lawsuit(s) run their course.
Oddly enough, Coleman can be on the Senate floor today if he so chooses. Senate rules give former members floor privileges. Coleman's term officially expired at noon last Saturday, January 3rd. Coleman was in the Capitol yesterday.
Other tidbits: While Hillary Clinton and Ken Salazar are expected to be confirmed for the cabinet post in the Obama administration, neither has resigned his/her Senate seat. They are not expected to do so until they are confirmed. Therefore at this point, there is no vacancy to fill in New York or Colorado.