Might that Sec/State signature matter?

Posted: Wednesday, December 31, 2008 1:32 PM by Domenico Montanaro

From NBC's Mike Viqueira
One wouldn't pretend to know how this Burris/Blago Senate affair is going to get sorted out, but one factor may be the signature -- or lack thereof -- of the Illinois secretary of state certifying the appointment.

While reports maintain that the signature may not be required under the rules and regulations of Illinois, the U.S. Senate rules do appear to require such a mark. So if the secretary of state follows through on his threat and refuses to sign and certify the appointment, this rule may come into play.

See section No. 2 below, from the Rules of the Senate, available at Senate.gov:

1. The presentation of the credentials of Senators elect or of Senators designate and other questions of privilege shall always be in order, except during the reading and correction of the Journal, while a question of order or a motion to adjourn is pending, or while the Senate is voting or ascertaining the presence of a quorum; and all questions and motions arising or made upon the presentation of such credentials shall be proceeded with until disposed of.

2. The Secretary shall keep a record of the certificates of election and certificates of appointment of Senators by entering in a wellbound book kept for that purpose the date of the election or appointment, the name of the person elected or appointed, the date of the certificate, the name of the governor and the secretary of state signing and countersigning the same, and the State from which such Senator is elected or appointed.

3. The Secretary of the Senate shall send copies of the following recommended forms to the governor and secretary of state of each State wherein an election is about to take place or an appointment is to be made so that they may use such forms if they see fit.
THE RECOMMENDED FORMS FOR CERTIFICATE OF ELECTION AND CERTIFICATE OF APPOINTMENT ARE AS FOLLOWS:

CERTIFICATE OF ELECTION FOR SIXYEAR TERM
To the President of the Senate of the United States:

This is to certify that on the __ day of __, 19_, A__ B__ was duly chosen by the qualified electors of the State of __ a Senator from said State to represent said State in the Senate of the United States for the term of six years, beginning on the 3d day of January, 19__.
Witness: His excellency our governor __, and our seal hereto affixed at ___ this __ day of __, in the year of our Lord 19__.
By the governor:
C__ D__,
Governor.

E__ F__,
Secretary of State.
CERTIFICATE OF ELECTION FOR UNEXPIRED TERM

EMAIL THIS

Comments

If he's a good choice, go ahead and appoint him, and impeach the governor, anyway.

Lee in CA (Sent Wednesday, December 31, 2008 1:47 PM)

It's always good to have crooks appoint people to high positions.

Cee in Tampa (Sent Wednesday, December 31, 2008 1:56 PM)

It's a slow news day so let's talk about Burris. He will NOT be seated by the Senate. Obama has given cover for the Dem Senators to reject him and he has, in a sense, given cover for rejecting a black man for his Senate Seat. There are two tracks for Blago: 1)the impeachment track and 2)the legal track. And while parallel, they are separate. The Illinois legislature will impeach Blago, and following later, Fitzgerald will take the governor to trial where he will be tried for criminal offenses. It is not clear what the Jury will do at the Governor's trial.

In the meantime Burris will struggle to get his Senate seat, but will be shunned by the Senate. My guess is Illinois will have an election and the republicans will win that seat.

Ron Indiana (Sent Wednesday, December 31, 2008 2:01 PM)

It's unbelieveable how the national media is feeding off the dog and pony show coming from Illinois. The Sec. of State in Illinois signature is just ceremonial. That's it. It means nothing. It's just more posturing from the Illinois Democrats to make themselves feel important and to make it look like they are doing something. All the Illinois politicians are pussy-footing around Blagojevich for the simple reason that most, if not all, of them are as corrupt as Rod is. They don't want to upset the apple-cart and have Blagojevich spill the beans on them to the feds.

Grant Park, Chicago IL (Sent Wednesday, December 31, 2008 2:01 PM)

It's going to be a lot of fun watching the all white Democratic senators not seat a black man in the Senate. Get your popcorn ready, this will be entertaining.

Al S., NYC (Sent Wednesday, December 31, 2008 2:03 PM)

My main concern is Joe Biden, a man riddled with confusion, a man on the brink, a man who is not a man from where many people stand.

Little Nardi (Sent Wednesday, December 31, 2008 2:05 PM)

If a valid gubernatorial appointment can be blocked by the secretary of state refusing to certify that it occurred, then the secretary of the state, and not the governor, becomes the actual appointing official, because he would be the one exercising final power to determine whether the appointment exists. That's not going to stand. The governor is the one who appoints. The secretary of state's certification is purely ministerial. If it is intentionally withheld, it can be compelled by court action. Failure to certify cannot defeat an otherwise valid nomination.

TKD (Sent Wednesday, December 31, 2008 2:09 PM)

That is not really the point. Just appoint him and impeach the govenor. The point is, he will be covered with the taint of Blago-no matter his reputation. Better that they impeach the govenor, and let Blago's replacement appoint. Better yet, since they have to hold an election to replace Rahm Emmanuel, just add a senate seat to that ballot. Perception is everything, and anything Blago does just looks dirty right now.

us next-replace Salazar (Sent Wednesday, December 31, 2008 2:14 PM)

TKD The governor is the one who appoints. The secretary of state's certification is purely ministerial. If it is intentionally withheld, it can be compelled by court action. Failure to certify cannot defeat an otherwise valid nomination.
---------------------------------------

Failure to certify may not be able to defeat the nomination, but maybe it can slow it down -- until after Blago is impeached and removed from office. The same goes for the Senate blocking Burris from the Senate.

Houston (Sent Wednesday, December 31, 2008 2:19 PM)

Grant Park, Chicago IL (Sent Wednesday, December 31, 2008 2:01 PM),
Chicago IL (Sent Wednesday, December 31, 2008 2:01 PM)All the Illinois politicians are pussy-footing around Blagojevich for the simple reason that most, if not all, of them are as corrupt as Rod is. They don't want to upset the apple-cart and have Blagojevich spill the beans on them to the feds.
Grant Park, Chicago IL
what evidence do you have?

beverly in Chicago (Sent Wednesday, December 31, 2008 2:21 PM)

I'm tired of the word "maverick, "Joe the Plumber," "Caroline Kennedy," "Rod Blagojevich" and Barack Obama, who Time Rag Mag didn't feel the need to even place a name under his photo for the cover of Person of the Year. Another subtle innuendo.

Sarah in Cincinnati (Sent Wednesday, December 31, 2008 2:24 PM)

Let's not lose sight of the main objective: To get rid of Blago as fast as possible and get on with the serious business of fixing the country. He says he loves the attention. There's something seriously wrong with his mindset. I suspect he was a spoiled, whimpy brat when growing up. Not much has changed, now he's a spoiled, whimpy man. Next he'll hold his breath till he gets his way.

Joe Sepeda,Early,Texas (Sent Wednesday, December 31, 2008 2:40 PM)

Joe Sepeda,Early,Texas (Sent Wednesday, December 31, 2008 2:41 PM)

I argee with everything that has been said.

A. B., NE (Sent Wednesday, December 31, 2008 2:50 PM)

To add on to TKD's post, then wouldn't it be the secretary of state who could be impeached for failure to perform in office? Of course in Illinois' case they would not do that, but withholding the signature, might buy the Illinois house and senate enough time to call for a special election. All said, I don't think Jesse White has the intestinal fortitude to withhold his signature and the US Senate does not want a picture of Harry Reid barring the door to a black man. Let Burris serve two years and the seat stays democratic, otherwise, Illinois will at a minimum lean Republican.

joe, STL, MO (Sent Wednesday, December 31, 2008 3:07 PM)

What exactly is Little Nardi smoking today?

Jasperanselm (Sent Wednesday, December 31, 2008 3:15 PM)

Not seating Burris has nothing to do with his race. The Dems have said all along they would not accept an appointment from Blago. Burris may ultimately get seated, but it will have to be after Blago is either exonerated or replaced.

Note to Little Nardi -- What does Joe Biden have to do with this situation?

Indie Woman in Denver (Sent Wednesday, December 31, 2008 3:16 PM)

Why are we not willing to allow enough time for the process to work itself out. Blago has been accused...the feds have tapes. If Burris is not a subject of any taped conversations then what is the big deal? Perhaps knowing that he could no longer extract a price for the Senate appointment, Blago did the right thing and appointed the most qualified person. Let it go!

Ann Adams, Baldwin, NY (Sent Wednesday, December 31, 2008 3:24 PM)

People are finding out real quick about how Illinois politics works. It's all about power. It's not about doing the right thing, ethics, ideas, accomplishments, qualifications, or ability. It's all about power, and with power comes the money. You don't see Obama getting too upset with Blagojevich do you? Just a little complaining from Obama on this, he has bigger fish to fry though, so he'll give the wink and the nod treatment to the Burris appointment. You do see people like Bobby Rush, who is of all things a congressman, race baiting the Burris pick. When's the last time you heard a congressman talking about a lynching and a hanging regarding a person selected to be a new Senator? They play hard-ball in Chicago. Now the Chicago crew will be playing hard-ball in Washington DC. Get ready America, Nixon will look like a saint once these next four years are done.

The Chicago Way (Sent Wednesday, December 31, 2008 3:30 PM)

Before the democratic senators can block or reject the legal appointment of Mr Burris by the current Governor of Illionois, they should first block or reject all the laws that he has signed since the beginning of the investigation. President Bill Clinton continued to discharge all his presidential duties during his impeachment proceedings, and I did not hear any Senator or democratic leader trying to block or reject his appointments or decisions.

Thanks

Jules (Sent Wednesday, December 31, 2008 3:33 PM)

Happiest person in politics today? Caroline Kennedy! This stuff going in Illinois makes her not look like the biggest idiot in the world.

American Dream (Sent Wednesday, December 31, 2008 3:46 PM)

The purpose of the Senate rules for record-keeping of certificates aren't to give the Secretaries of State veto-power over the appointments of governors.

RE "...keep a record of ...the name of the governor and the secretary of state signing."

In this case the record would say, "Governor who signed: Rod Blagojevich, Secretary of State who signed: none."

Eric Jaffa (Sent Wednesday, December 31, 2008 3:52 PM)

Jesse White should have the seat. The last honest man in Illinois now that Obama is moving out.

As Secretary of State he cleaned up one of the worst messes in license plate history as he totally exterminated the maggots running the Bureau of Motor Vehicles (Licensing)

Jesse reeks integrity.

I should know, and I do.

Sunyata (Sent Wednesday, December 31, 2008 4:02 PM)

BTW...

HAPPY NEAR BEER!

Sunyata (Sent Wednesday, December 31, 2008 4:07 PM)

The Blago scandal has gone from explosive to terribly boring with the introduction of inane legalese. Obama can hope that the public tires of hearing repetitive back-and-forth arguments interspersed with arcane Senate rules.

http://www.political-buzz.com/

matt (Sent Wednesday, December 31, 2008 4:31 PM)

What happened to innocent until PROVEN guilty? The guy doesn't appear to be the most ethical person, but there have only been allegations.

Jacqueline Myers (Sent Wednesday, December 31, 2008 4:39 PM)

Congressman Bobby Rush defended the appointment by saying in so many racially volatile words (Don't lynch the appointee!)that R. B.'s acceptance was manditory and required because he would be the only African-American in the Senate. There are 49 other states that could have "elected" Black senators. How many Philippino-Americans, or South American-American, or Danish-American senators are there? Blatant Racism! If a European-American had said that, it would be World War 3 and he would be forced to resign his seat!

R. W. Allen, New Lenox, IL (Sent Wednesday, December 31, 2008 4:57 PM)

Looks like Burris has been promised a nice package to keep the seat warm until the next election. (If he can sit in it.) Smells of the Bilandic shenanigans the Machine pulled when the first Hiz Honor, Da Mayor died. There is no pussy-footing when it comes to politics in Chicago. They're closing ranks on the governor, not because of morals and ethics. Note the number of resignations that will occur in the next few weeks. They're making deals to avoid jail time for themselves. They're going to hang him out to dry. They'll start singing. In Chicago, this is business as usual. (Royko must be rolling with laughter in his grave.) True to form.

Miss V Phoenix (Sent Wednesday, December 31, 2008 5:22 PM)

Let him serve. Negros need more Negro Senators to look up to.

Joel providence ri (Sent Wednesday, December 31, 2008 5:29 PM)

Game playing by the Gov. "F" Word . If the AG Burris is beyond reproach, then he can be reappointed by the appointing authority after Gov. "F" Word is impeached.

We have a lot of political "sound and fury" with the following "nothing".

Mike Groshong, McMinnville, Or (Sent Wednesday, December 31, 2008 5:34 PM)

Happiest person in politics today? Good question.

True, Caroline is happy. But happiest? methinx Rahm Emanuel ... remember him? ;-)

mdude, palo alto, ca (Sent Wednesday, December 31, 2008 6:26 PM)

As for slowing the nomination down, apparently the hope is that Blagojevich will be impeached and removed, and the new governor will make a different appointment. But it's far from clear that the second appointment would prevail over the first. If a governor dies or resigns, that doesn't invalidate actions he took before doing so. If Burris's appointment was valid, then the Senate seat has been filled -- and there is no vacancy for a subsequent governor to fill.

TKD (Sent Wednesday, December 31, 2008 6:28 PM)

To TKD
If you read the blog, it clearly states that these are the Senate rules as in the U.S. Senate. The Governor still retains the power to appoint replacements to the U.S. Congress. The Secretary does not have the power to appoint, but does retain the power to refuse to certify certain appointments. As Montanaro explains in the blog, the Secretary of state's signature doesn't really matter in the STATE of ILLINOIS, however the U.S. Senate rules say it does matter. So for the Secretary of State to refuse to certify on Burris effectively gives Maj. Leader Harry Reid the power not to seat the appointment in question.

J, Long Beach, California (Sent Wednesday, December 31, 2008 7:22 PM)

The tapes are real; the words were said; the thought was there. Gov. Davis of CA was recalled for far less. Blago proceeds in an act of defiance to protect himself, not Illinois. Burris' acceptance is not a act of good faith but one of self gratification; he has doomed the fate of all his constituents in that his acceptance under these conditions may take YEARS to clarify in court. The people should express their approval or disapproval loudly for all the nation to see!

Susan, Sacramento, CA (Sent Wednesday, December 31, 2008 8:00 PM)

The "Burris senate appointment" is a quality selection
of a well qualified and not tainted new senator to be
from Illinois.We cant mix apples with oranges.And this cannot be confused with the Governor misteps and mistakes.Mr. Burris is a decent,highly qualify and honorable man,and is about one of the best canditates that can be appointed for such senate position.Certainly better, than Mr.Jessee Double talk Jackson Jr.Life is full of contradictions.And the Illinois Governor scandal and political witchunt may be one of them.The first result is Mr.Burris senate appointment.A better canditate with lesser input
influence from the Illinois political power brokers scenario.Because no one can deny the political bias and self serving accusations and positioning of the actual Illinois Liutenant Governor and Mrs. Madigan(The State of Illinois, Attorney General), the by all known future canditate for the Governor post.
The second result of this "incredible political parody"full of hypocrital posturing, could well be an effort for "imppeccable and efficient governing" by Mr. Blago.
Now,I like to suggest a more honest approach to prosecute the Governor to Mr.Fitzgerald.Lets, the Charges to Mr. Blago be the ones of "Grand Criminal Stupidity", because all the other charges as I have been reading them are in "real life" part of the "everyday wheeling and dealing" that goes on similar situations, maybe with different wrappings but with the same basic undestandings, in the political landscape of the democratic and republican parties, with no exceptions.
"Bad timing and Terrible Handling"of the issues,by the Governor, thats the botton line.Maybe now, this will help to bring the "Real Change Senate Canditate We can Believe In" to the Senate floor.Unbelivable, what life contratictions may bring to us.

Miguel Xiques, Miami,Florida (Sent Wednesday, December 31, 2008 9:09 PM)

It's appalling how the people who decry the Governors alleged behavior have no problem ignoring the due process of law. I don't particularly like the man,however, he hasn't been indicted with a crime by Federal authorities, and it's not clear that it's possible to prove that he violated State law. If two people discussing something illegal is sufficient for a conviction of conspiracy, then all the people who've discussed stringing up or shooting mortgage bankers are in BIG trouble. Without action or physical evidence it's difficult to prove intent.

As it is, the Governor has the authority to appoint a replacement US Senator, and the Secretary of State is REQUIRED to countersign the documents as a part of his specifically enumerated duties. If he doesn't, the Secretary is open to prosecution for failure to execute the duties of his office according to the Constitution that he swore to uphold.

The State legislature is in a poor position to call the kettle black, since it has been unable to create a balanced budget or pass meaningful and binding ethics legislation regulating itself. This farce has the primary effect of diverting attention away from what the legislature isn't doing, hasn't done and probably never will do - create laws in the best interest of the people of Illinois and find ways to enforce them while operating within its means. The same can be said about the US Congress. Both legislative bodies have a high percentage of members convicted of felony crimes.

P Stevens, Chicago, Illinois (Sent Wednesday, December 31, 2008 10:28 PM)

I read no legal requirement in the rules included in the article that their be a signature of Sec. of State on the document only that if it is their it must be recorded. If their is no signature it could be recorded as not present.

Nat the fake lawyer (Sent Thursday, January 01, 2009 2:29 AM)

Given that Burris would have to run for re-election in 2010, let him have the seat. That will be his crown on an otherwise innocuous career. He doesn't, from all appearances, appear to be a major problem for the Dems.

From what I've read, he re-election bid will likely fail so then the voters can put whomever they really want in the job.

George (Dallas, TX) (Sent Thursday, January 01, 2009 9:09 AM)

Are the Democratic Senators also going to block all other Senators that have some questionable dealings in their background. As I recall, Harry Reid is being investigated for some realestate deals in Nevada. Maybe he should be blocked until the matter is resolved. I'm sure if one looked closely, there would be at least several more Senators with questionable activities in their background. And what about the unseemly way Caroline Kennedy is pressuring Gov. Patterson for the New York Senate seat. If appointed, she should be blocked as well. The bottom line here is that the Demorcatic leaders are too stupid to get out of their own way. No wonder nothing gets done. I say that as a life long democrat.

Ron (Sent Thursday, January 01, 2009 9:52 AM)

I dont see how the nomination can go foward as the alleged crime by the Gov. involved the appointment.
Ill. political leaders need to reestablish that Ill. is a State in the Union. Right now they are the worst of what can beset democracy run amock. Why that is so can be a future debate.

Brian Cooke Albany, Ny (Sent Thursday, January 01, 2009 11:42 AM)

This is an interesting story and thank you for informing me about what is happening.

Raymonty,Morristown,NJ (Sent Thursday, January 01, 2009 12:39 PM)

The way the Senate is approaching the Burris nomination as well as their welcoming of Lieberman back into his committee chairmanship shows that most of the Democrats in the Senate are Dino's.
That bunch of millionaires should go the way of all dinosaurs, extinction.
Blago has been accused of a crime, not indicted or convicted. He still retains all of the duties of his Governorship.
Accused by a Republican Prosecutor with little cherry-picked evidence...sounds like what happened to Gov. Seigelman in Alabama...

Mark, Mashpee, MA (Sent Thursday, January 01, 2009 12:59 PM)

I can see a legal battle looming over this appointment. As it is, Burris had already instituted one to force the hand of the Illinois secretary of state in certifying his appointment. My reading of the law is that it is the state secretary's ministerial duty to certify the appointment once it is made by the governor. Needless to say, while Governor Blagojevich's appointment is tainted, he is still the governor and by law he is empowered to make the appointment. I am not sure if the Senate Democratic caucus that expressed its position not to accept the appointment could carry much legal weight. Politically, it does, but legally I am skeptical if there is a law or precedent that can block the appointment.

Renato Bautista, Jr., Mira Loma, CA (Sent Thursday, January 01, 2009 1:14 PM)

Any politician who does an extreme 180-degree reversal about the person who appointed him in just two weeks has simply exposed his own lack of integrity.

DrToketee (Sent Thursday, January 01, 2009 2:59 PM)

I say if the person is solid, then certify the appointment, do not ruin one persons reputation because of another, Say 'no' to guild by association.

nadeem (Sent Thursday, January 01, 2009 3:11 PM)

I think Burris should get appointed. He will be a back bencher, with no power or influence. He is also not very likely to be elected. By the time Blogo could be in jail and the guilt - by association - could do Burris in.

The realty is: Burris should have smart enough to say no - to preserve his status and position. Instead, he got greedy and he will have to carry that burden for a long time.

Finally, the GOP in IL must be happy as pigs in s--t. Not only might they regain the Gov, but could capture Obama's former Senate seat.

paul of W-S, NC (Sent Thursday, January 01, 2009 4:40 PM)

Illinois politics on the new Senator are interesting, but New York politics are intriguing. Caroline Kennedy has a lot going for her. But Andrew "Shuck n Jive" Cuomo has been trying to appeal to all New Yorkers -- western New Yorkers included -- who didn't want Obama as President.

Jim Patrick, Buffalo, NY (Sent Thursday, January 01, 2009 6:03 PM)

If the senate doesn't seat a well qualified man they will start to lose votes. the governor is accused not convicted. the law is the law so the governor has the right. harry reid sat on his ass and gave bush everything now he wants to pull something. GO AHEAD HARRY REID AND DEMOCRATIC SENATOR TRY THIS AND WE WILL TURN AGAINST YOU ALL. Burris has a good reputation and now you want to deny him. Democrats screwed themselves thats what they get. Harry Reid and Secretary of State we are going to really stick with Burris and so will the law. Think how many votes democrats you will lose if this man is not seated. You are showing us your true colors. Harry Reid seats in the senate with alot of morality and unethical people that there is and does nothing. GO AHEAD SECRETARY OF STATE AND REID MAKE OUR DAY AND SEE WHAT HAPPENS IN THE NEXT ELECTION. AND THE MAIN STREAM MEDIA IS DUMBER THAN A $3 DOLLAR BILL. YOU WONDER WHY THE PEOPLE HAVE TURNED AGAINST YOU MEDIA. You don't report stories correctly. Fitzgerald played his hand to soon. Now he wants more time. Yea right Fitzgerald.

Shawn, Pgh,PA (Sent Thursday, January 01, 2009 6:59 PM)

Let's not forget what is important is to get the Obama agenda through the Senate. We will need every possible vote to get the necessary 59 or 60 / 98 or 100.

Burris WILL be seated in a few weeks, but in order to save face, the Dems. will have to have an investigation so that they can say that there was no "deal". Besides, if they later find out there was a "deal", the Senate could then Impeach Burris.
Any other solution risks not passing the Obama agenda as well as a Republican winning if there was a special election.

Of more importance that IL, is for Franken to be seated from MN ASAP, rather than a Republican.
The media gets a failing grade for not covering the total incompetence of the MN SC for asking both sides to agree on which Absentee ballots would be counted.
NO Absentee ballots will be counted unless the MN SC changes their decision. Franken will have to be certified next week.

The two cases are related, because the Senate won't be able to seat Franken if they are not willing to seat Burris.

Gerald Williams (Sent Thursday, January 01, 2009 7:09 PM)

They (Democrats) seated Joe Lieberman, they must thereby seat Mr. Burris. Unlike Liberman, he has not back stabbed anybody.

Dexter Martin, St. Louis, MO (Sent Thursday, January 01, 2009 10:18 PM)

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