Latest Burris scandal renews call for special election

SPRINGFIELD - Backed by a legal opinion from the state's attorney general, Republican lawmakers on Thursday once again demanded the General Assembly order a special election to replace embattled Democratic U.S. Sen. Roland Burris only to have Democrats delay consideration of the plan.

"These guys are trying to run the clock out," complained Republican House Leader Tom Cross, of Oswego. "Every day that goes by is a stalling tactic."

On Thursday afternoon a Senate committee blocked Republican Sen. Matt Murphy's proposal for a special election to replace Burris. Murphy's plan calls for a primary on April 7, the same day as municipal elections, and a special general election on May 26.

Senate Democrats say they want to wait until Democrats in the House act. Senate President John Cullerton, of Chicago, said he's not interested in pushing competing proposals back and forth that send a message but accomplish nothing.

Murphy said he's concerned the House won't act.

"With this bill, if you're not planning on moving quickly your intention is to kill it," said Murphy, of Palatine. "This is a time-sensitive issue. We can move this along and we should move this out today,"

It's within the power of the General Assembly to call an election to replace Burris, Attorney General Lisa Madigan wrote in an opinion released late Wednesday night. Burris was appointed by impeached ex-Gov. Rod Blagojevich on Dec. 30 to fill the Senate seat vacated by President Barack Obama.

"We do, in fact, have an opportunity legally and legitimately to have a special election and let the people fill the Senate seat and stop the embarrassment that is the Roland Burris appointment," Murphy said.

That embarrassment grew still greater on Thursday amid disclosures Burris' son, Roland Burris II, landed a $75,000 a year job with the Illinois Housing Development Authority five months ago under the administration of impeached ex-Gov. Rod Blagojevich and weeks after Burris II was slapped with a $34,163 tax lien.

"Every time we think we can't possibly get more embarrassed one more time, we do," Murphy said. "Now he's got kid pro quo ... and I don't know where it stops."

While the governor has the power to fill U.S. Senate vacancies under Illinois law, any such appointment is temporary and lasts only until an election is held for that seat, Madigan wrote in a nonbinding legal opinion. Under powers granted by the 17th Amendment to the U.S. Constitution, the General Assembly can order a special election whenever it wants to replace a temporary senator, according to Madigan.

A Burris spokesman said the junior senator did not agree with Madigan's interpretation of the law. Burris served as Illinois Attorney General from 1991-1995.

"The 17th Amendment concerns Senate vacancies. There is no vacancy here," said spokesman Jim O'Connor. "Senator Burris is a fully vested United States Senator."

However, Madigan's opinion disputes the claim that Burris is entitled to keep his seat.

"A temporary senator does not possess a 'vested right' to serve as a U.S. Senator until the next congressional election. Consequently, the General Assembly may schedule a special election before the next congressional election without interfering with any vested rights," Madigan wrote.

Under Murphy's plan, Burris does not even have to resign from the Senate in order for an election to occur. He would simply be replaced after the election.

"There would be a certification of the special election. That certification would be provided to the U.S. Senate. They would then accept and seat the new senator consistent with the 17th Amendment," Murphy said.

"And Senator Burris could run," added Senate Republican leader Christine Radogno, of Lemont.

Cullerton said he was concerned about the estimated $15-50 million cost of holding a special election. But Murphy said the election was too vital for Democrats to whine about costs.

"I think it's a little ironic that the people who spent us into a $9 billion hole are now going to get a little worried about $15 to 25 million on an issue as important as this," Murphy said. Murphy said having the primary on the same day as municipal elections minimizes costs and he proposed using leftover money in the Senate budget to pay for the rest.

A spokesman for House Speaker Michael Madigan said the Chicago Democrat was also concerned about quickly rewriting election law.

"Does it really make sense to change a system that's been in place for over a century?" asked Steve Brown.

Burris, a Democrat from Chicago, has so far resisted calls from fellow Democrats U.S. Sen. Dick Durbin, Gov. Pat Quinn, Treasurer Alexi Giannoulias, and Comptroller Dan Hynes, that he resign. The U.S. Senate and a Springfield prosecutor are looking into whether Burris lied under oath in written statements and testimony to an Illinois House committee that was investigating Blagojevich.

Following Blagojevich's Dec. 9 arrest by federal authorities for allegedly attempting to sell Obama's senate seat, Attorney General Lisa Madigan, the daughter of the House speaker, asked the Illinois Supreme Court to declare Blagojevich disabled in order to prevent him from naming a new U.S. Senator. The Supreme Court rejected Madigan's request to get involved.