Lawmakers to try to take Senate pick away from Blagojevich

SPRINGFIELD - State lawmakers will return to the Capitol Monday in a last-ditch effort to try to strip Gov. Rod Blagojevich of his power to pick President-elect Barack Obama's replacement in the U.S. Senate.

"The events this morning are shocking. The faith of the citizens of Illinois has once again been shaken. I will call the Senate back in to session to pass legislation that would create a special election for the U.S. Senate seat to help restore the confidence of the people of Illinois during this difficult time," Illinois Senate President Emil Jones Jr., a Chicago Democrat said in a statement.

Jones has long been Blagojevich's key ally in Illinois politics, backing the embattled governor in several policy fights with fellow Democrat Michael Madigan, the Illinois House Speaker. However, Jones, who's retiring at the end of this session is also considered Obama's political mentor and a possible fill-in pick.

Madigan agreed lawmakers need to act.

"I believe in the rights of individuals to due process, but I also believe action must be taken to avoid certain functions of state government from being irrevocably tarnished by Governor Blagojevich's continued exercise of power," Madigan said in a statement.

In addition to trying to take away the governor's appointment power, Madigan said he is prepared to discuss impeachment proceedings suggested by House Republican leader Tom Cross of Oswego but reminded everyone that the state already faced a grim reality before Blagojevich's arrest on federal charges he tried to sell the U.S. Senate seat for personal gain.

"Today's events do nothing to help us attain solutions," Madigan said.

But the timing of the arrest makes action difficult. Even if lawmakers support creating a special election for the Senate seat, that proposal would go to the governor's desk for action. He has 60 days to act. But this version of the General Assembly expires when new members are sworn in Jan. 14. At that point all pending legislation is wiped out. So even if lawmakers act, Blagojevich could do nothing and the plan would expire.

State law gives the governor sole authority to pick a replacement U.S. senator, with that person serving until the next General Election. In this case, the person would serve out the remaining two years of Obama's six-year term. He was resoundingly re-elected in 2004 over Republican import Alan Keyes.

State Rep. Jack Franks, a McHenry County Democrat, said Tuesday he was researching whether a retraining order could be obtained to bar the governor from naming a replacement.

Similarly, if lawmakers do not take up impeachment proceedings and if the governor does not resign, Attorney General Lisa Madigan said she would seek to have the Illinois Supreme Court declare him unable to serve.