Special election moving forward

By Jamey Dunn

When Illinois voters head to the polls in November, they may cast two votes to fill President Barack Obama’s former U.S. Senate seat.

An appeals court ruled that voters must choose a candidate to finish out the last of Obama’s term, from November until the January inauguration of new senators.

“[The court's] interpretation of the U.S. Constitution does not allow states to fill a [U.S.] Senate vacancy by appointment,” said Ron Michaelson, executive director of the Illinois State Board of Elections from 1976 to 2003.

From the 17th Amendment of the U.S. Constitution:

When vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, that the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

Roland Burris currently holds the seat after a controversial appointment by former Gov. Rod Blagojevich. The defense is wrapping up its closing argument today in Blagojevich’s corruption trial. The charges against the former governor include trying to sell the U.S. Senate seat for campaign contributions or personal gain.

Judge John Grady of 7th Circuit U.S. Court of Appeals is working with officials to help ensure the state meets its constitutional requirements. Michaelson said Illinois election law is basically silent on this scenario because it has never been anticipated.

The special election would occur on November 2 along with the general election. With little time to hold a primary, it seems likely that parties would be allowed to slate their own candidates, so that lineup would likely be the same: Republican Mark Kirk vs. Democrat Alexi Giannoulias as the major party candidates. Burris did tell Chicago reporters, however, that he intends to make a bid for the ballot. Any independent candidates who met the signature requirements for the general election would also be allowed on the ballot for the special election.

As for the speculation that candidates would be able to hit up donors who have already surpassed federal contribution limits because they would now be fundraising for the special election, Michaelson said that is up in the air, too.

“It does raise a fairly unique question, that’s for sure. … [The Federal Elections Commission] will have to say something on that,” he said. “It would be obviously quite unusual.”

So the choice presented by this special election would probably be in name only. Voters would get to choose Obama’s two-month replacement without a primary, specifically for the special election. But, at this point, any alternative would be costly and difficult to pull off.

Democrats called for a special election soon after Burris’ appointment but later backtracked, saying it would be too costly. However, Gov. Pat Quinn emphasized the importance of following the letter of the law in November. “That’s the great thing about our country and our state: We have a rule of law. … When the judges speak, we pay attention and follow the rule of law. I think that’s the great thing about America and about Illinois, that we believe in the law. That’s something as a lawyer --- I happen to be a lawyer -- I take to heart everyday.”

Michaelson says that the special election’s addition to the ballot will likely not mean much to voters. “Most people are not going to understand it well, but they are going to vote for the same candidate [for whom they vote in the general election].”

Burris: No longer in the running

By Bethany Jaeger
No Lisa Madigan. No Roland Burris. The race to be the next U.S. senator from Illinois just narrowed to a more classic competition. The seat has gained national attention for its previous occupant, President Barack Obama.

Madigan, the Illinois attorney general, announced yesterday and Burris announced today that they opted not run in 2010.

“It’s an open seat, and the focus is more going to be more on national issues than would have been the case if Burris were running or if Lisa Madigan essentially would have cleared the field,” said Kent Redfield, political scientist at the University of Illinois at Springfield.

If Madigan would have run, Redfield said she would have been the Democrats’ strongest candidate. “Her not running is a minus for the Democrats, but Burris not running is certainly a plus. There’s no question about that.”

Burris never shed the cloud that hovered over his appointment by former Gov. Rod Blagojevich. The then-governor had just been arrested on federal corruption charges, accused of trying to personally profit from his powers to appoint the state’s next senator. Early polling of 644 likely voters showed that just 5.3 percent of respondents supported Burris as a candidate for a full term. Numerous Illinois officials, including U.S. Sen. Dick Durbin and then-Lt. Gov. Pat Quinn, urged Burris step down. Burris wouldn’t budge. His ambitious style came through in, "Always in the running," our profile of him in Illinois Issues magazine.

Burris said today during a Chicago news conference that fundraising had a lot to do with his decision not to run in 2010. Here’s an excerpt of his announcement:

Life is about choices. Make no mistake, I love serving in the United States Senate. I love serving the people of Illinois, make no mistake.

I’m the only African-American serving in the Senate, and I believe that diversity and representation of all segments of our society is essential to who we are as a nation.

The reality of being a U.S. senator today [is that it] requires not only a significant time commitment to performing the job, but an almost equal commitment to raising funds to run competitively for the office.

Political races have become far too expensive in this country.

I was called to choose between spending my time raising funds or spending my time raising issues for my state. The people … should always come first.

The chronicles of Burris’ statements about whether he spoke to Blagojevich, Blagojevich’s brother or Blagojevich’s inner circle was the never-ending story. First he testified to an Illinois House committee that was investigating cause for the governor's impeachment. He said he only spoke with Lon Monk, Blagojevich’s former chief of staff. Then Burris revealed in a follow-up affidavit that he also spoke with the governor’s brother, as well as three insiders: Doug Scofield, John Wyma and former Deputy Gov. John Harris, who just pleaded guilty to wire fraud in the ongoing Blagojevich corruption case.

Burris most recently avoided perjury charges in Sangamon County, where State’s Attorney John Schmidt said Burris’s statements might have been vague, but there’s no proof that he intentionally mislead the Illinois House committee. Burris still faces a probe by the U.S. Senate.

His bow out of the 2010 election eliminated an easy target for the GOP, Redfield said. “It kind of takes Burris and Blagojevich out of the Senate race.”

Now, likely candidates are taking shape. On the Democratic side, they include state Treasurer Alexi Giannoulias. Redfield says he has the advantage of being the only candidate so far who has run a statewide race before. He also has a significant campaign kitty, with reportedly more than $1 million raised for his potential Senate bid. Two candidates with less name recognition include Cheryle Jackson, chief executive officer of the Chicago Urban League, and Chris Kennedy, head of Chicago’s Merchandise Mart and son of the late U.S. Sen. Robert F. Kennedy. Redfield said Jackson also could have a slight disadvantage by being tied to Blagojevich. She was his communications director during his first term.

On the Republican side, U.S. Rep. Mark Kirk of Hinsdale has been reported as set to run for the Senate seat. Redfield said he brings his national experience to the table, but as a moderate Republican, he would have to work to gain the moderate and independent vote. Andy McKenna, chairman of the Illinois Republican Party and businessman, also has reportedly discussed the idea. He lost his 2006 bid.

Word of the day: Neither

By Bethany Jaeger
Political hopefuls and Statehouse insiders waited for the day when Illinois Attorney General Lisa Madigan would decide whether she would run for governor or for the state’s second U.S. Senate seat in 2010. Today she surprised most of them by saying, “Neither.”

Citing her family and her feeling that there is still “plenty to do” in her current position, she said she decided to seek a third term as attorney general, setting off a chain reaction of political decisions leading up to the election season.

“I know that for now, the best way for me to continue serving the people of Illinois is to continue doing the job that I love,” Madigan said in her announcement. She cited her work targeting predatory lending practices, lifetime supervision of sex offenders, utility rates, hospital bills for uninsured patients and public access to information.

Her decision to seek another term ripples throughout state and national politics, particularly because it comes shortly after a trip to Washington, D.C. She met with President Barack Obama and reportedly discussed a potential bid for his former U.S. Senate seat. Madigan was seen as a strong candidate to ensure that it remained in Democratic hands, given that U.S. Sen. Roland Burris’ abbreviated term has been clouded by his controversial appointment by embattled former Gov. Rod Blagojevich.

Attorney general
As an incumbent candidate for statewide office, Madigan faces a repeat opponent, DuPage County State’s Attorney Joe Birkett. He lost to Madigan in 2002. He ran for governor in 2006 but soon became Judy Baar Topinka’s running mate as lieutenant governor on the GOP ticket. They lost to Blagojevich and then-Lt. Gov. Pat Quinn. On his campaign Web site, Birkett said, “I want to remain a prosecutor.” He said he would bring to the forefront ideas to partner with state’s attorneys in every county, work with the General Assembly to reform laws, root out public corruption and protect communities against gang violence.

His fundraising, as reported to the Illinois State Board of Elections, however, has been outpaced by Madigan. She most recently reported having nearly $3.5 million available at the end of 2008, compared with Birkett’s $44,676 for the same period.

State Rep. Julie Hamos, an Evanston Democrat, was considering a bid for attorney general. Her campaign released a statement today saying she would revisit with community leaders and supporters. “I look forward to hearing their ideas and input as I discuss my next steps with my family."

U.S. Senate
Now that Madigan is out of the race for the Hill, chips are starting to fall for likely Democratic and Republican candidates to challenge Burris, if he indeed runs. Republican U.S. Rep. Mark Kirk has not officially announced but has reportedly reached out to supporters today. Statehouse insiders also have mentioned Kirk as a possible GOP candidate for governor.

On the Democratic side, state Treasurer Alexi Giannoulias of Chicago has formed an exploratory committee for the Senate. CORRECTION: Raja Krishnamoorthi, former deputy treasurer, is exploring a run for state comptroller, not treasurer. If Giannoulias vacates his position as treasurer, his chief of staff, Robin Kelly, wants it. Another Democrat exploring the U.S. Senate race is Chris Kennedy, who heads Chicago’s Merchandise Mart and is the son of the late Sen. Robert F. Kennedy. Democratic U.S. Rep. Jan Schakowsky decided June 8 against a Senate bid and instead will run for reelection in her House seat.

Governor
Madigan’s decision to seek reelection also causes a ripple effect at the state level. Not seeking the governor’s office avoids the politically awkward situation of serving while her father, House Speaker Michael Madigan, controlled one of the legislative chambers. It also avoids a primary run against sitting Democratic Gov. Pat Quinn.

Considering she was also widely seen as one of the strongest candidates for the chief executive’s job, several potential opponents waited for her decision. Comptroller Dan Hynes is considering; however, he has not officially announced which office he might seek. His campaign issued a statement that said he would discuss his options with his family and “make a decision within the next few weeks.” Krishnamoorthi is considering a bid for comptroller if Hynes decides to move on. My apologies for an error published in the original post.

The GOP primary race for governor, meanwhile, is increasingly crowded, particularly with suburban Chicagoans. State Sen. Kirk Dillard of Hinsdale, who served in the administrations of former Govs. Jim Edgar and Jim Thompson, officially announced his bid with a statewide tour today. “I’ve always said I didn’t care whether Lisa Madigan was my opponent. I intended to run otherwise. But, obviously, she and her father would have been very difficult opponents.”

He was quoted this morning as saying he looks forward to Lisa Madigan being attorney general when he’s governor. Dillard said this afternoon, however, that he was not endorsing her. “Joe Birkett and [GOP Rep.] Jim Durkin are close friends and would be great attorney generals. And it would be worth the price of admission to see a rematch between Joe Birkett and Ms. Madigan, especially since State’s Attorney Birkett came so close last time to beating her.”

In the race for governor, Dillard joins GOP candidates Sen. Bill Brady of Bloomington, a repeat gubernatorial hopeful; Sen. Matt Murphy of Palatine, who announced last month and has become his chamber’s budget point person; DuPage County Board Chairman Bob Schillerstrom; Dan Proft, political commentator for WLS-AM 890 Chicago radio, a political consultant and a writer for conservative publications; and Adam Andrzejewski, a self-made businessman and self-funded candidate based in the Chicago suburb of Oak Brook.

We’ll have more about the suburban Chicago hotspot for political aspirations in the future.

No proof for perjury

By Jamey Dunn
U.S. Sen. Roland Burris will not face perjury charges in Sangamon County related to his testimony in January before the Illinois House committee that impeached then-Gov. Rod Blagojevich.

Sangamon County State’s Attorney John Schmidt said in a press release today that there was not enough evidence to charge Burris with the crime. Schmidt launched an investigation after it was revealed that Burris did not tell the committee about conversations he had with Rob Blagojevich, the former governor’s brother, and other close Blagojevich associates about seeking an appointment to President Barack Obama’s vacant Senate seat. Burris said he sent an affidavit to the committee that provided that information after he realized he had forgotten to mention the conversations in his testimony.

In a letter to House Speaker Michael Madigan, Schmidt said that to charge Burris with perjury would require proof that he intentionally lied to the committee. “Some of his statements were vague, but vague statements cannot support a perjury charge,” Schmidt said. He added that as long as an individual clarifies previous statements before a tribunal such as the House investigation committee concludes, it’s not considered perjury. (Letter here; press release here.)

While he said Burris’ second affidavit confirmed that he did not intend to exclude information, Schmidt did not go as far as saying Burris’ affidavit told the whole truth. But the question was not whether Burris misled anyone, but whether he intentionally misled the committee by withholding information.

Burris said in a statement today that he cooperated with the investigation and maintained that he did not commit perjury or engage in pay-to-play politics to gain his Senate seat. “I am glad I can now put this matter behind me and get on with my work in the United States Senate serving the people of Illinois,” he said.

Burris is still the subject of a U.S. Senate Ethics Committee investigation.

First sign of Burris’ uphill battle

By Jamey Dunn
An online survey conducted last month by Zogby International indicates that most of 644 likely voters would not vote for incumbent U.S. Sen. Roland Burris in 2010. Just 5.3 percent of the survey respondents said they would support him in the Democratic primary, while Treasurer Alexi Giannoulias and Comptroller Dan Hynes garnered about an equal level of support: 28.1 percent for Giannoulias and 26.8 percent for Hynes.

However, Zogby said, “it’s very, very early. It’s a name recognition game, essentially.”

Of the Republican respondents, 26.3 percent said they would support U.S. Rep. Mark Kirk, and
21 percent would support U.S. Rep. Peter Roskam in the GOP primary for Burris’ seat.

Attorney General Lisa Madigan led incumbent Gov. Pat Quinn in the question about whom respondents would support for governor in 2010. Madigan received 41 percent, while 29.5 percent supported Quinn.

However, Zogby said that Quinn has an approval rating of 46.4 percent during an economic crisis, indicating that he does have at least “some political capital.”

Republicans supported DuPage County State’s Attorney Joe Birkett for governor over state Sen. Bill Brady, who received 8.5 percent, and the Illinois Chamber of Commerce president Doug Whitley, who received 5.6 percent. Birkett received 39.3 percent.

Zogby said that a high number of Democrats, Republicans and independent undecided voters means that the Illinois GOP could have a shot at making these races close. He advised the Republican Party to reach out to the middle and to pick moderate undecided voters, as well as to try to avoid infighting. “Republicans have an opportunity in 2010, but the opportunity will not be in embracing their old [conservative] principals. You don’t embrace your fundamental principles when you’re out of office. You’re supposed to do that when you’re in office.”

Parks reopen, special election debate rekindles, Scully resigns

By Jamey Dunn and Bethany Jaeger
Gov. Pat Quinn announced the reopening of seven state parks today, although they’re not yet fully staffed. And Quinn said that he will soon make an announcement about reopening closed historic sites.

As of this morning, Castle Rock State Park and Lowden State Park in Oregon, Illini State Park in Marseilles, Hidden Springs State Forest in Strasburg, Moraine View State Park in Leroy, Weldon Springs State Park in Clinton and Wolf Creek State Park in Windsor are all open to visitors.

According to Marc Miller, Head of the Illinois Department of Natural Resources, it will take $1.1 million to keep these parks open for the rest of the fiscal year. He said that the department would pay for the reopening of the parks by tapping into special dedicated funds as part of a plan approved by the General Assembly in October. He said the agency won’t need to take funding from any other state operations.

Quinn said state parks generate an estimated $500 million in tourism dollars that “far outweigh” the money spent on keeping them open. Miller said more than 43 million people go to Illinois state parks every year, with 230,000 visiting the seven state parks last year before they were closed.

“We’ve got to get our economy out of the ditch. Part of doing that is making sure our parks are open,” Quinn said.

Quinn called the move both a public health and economic initiative targeted at getting people to exercise outdoors and to help create jobs by spurring local economies. He called upon Illinoisans to “pack our parks” as a frugal vacation option.

Special election update
While Republicans used Attorney General Lisa Madigan’s opinion as support for their wish to call for a special election to replace U.S. Sen. Roland Burris — regardless of whether he’s still in office — House and Senate Democrats are floating their own plans about calling special elections to fill vacancies. However, none are agreed upon bills.

Senate Democrats held two special election proposals and assigned them to subcommittees, which have served as legislative graveyards in the past. Executive Committee Chairman Ira Silverstein said they are to be working committees intended to give more time to debate such controversial measures.

Republican Sen. Matt Murphy, the Palatine Republican sponsoring one measure kicked out to subcommittee, said he was disappointed that the bill wasn’t called for debate today but that he doesn’t think it’s dead. “We’ve been embarrassed at least twice in this process now, and I’m going to continue to try and see that it doesn’t happen again.” We wrote about what the bill would do this morning.

A Democratic version is sponsored by Sen. Rickey Hendon of Chicago, who supports the idea to hold a special election to fill all vacancies, from county commissioners to state and U.S. senators. “People should have a right to vote in every case.”

The last time Hendon sponsored a bill that took such a broad approach was when he expanded the idea of allowing voters to recall elected officials from state legislators to local government officials. That bill died in committee, although Hendon said he did not intend for the special election bill to suffer the same fate.

He also took issue with a House bill, sponsored by Rep. Jack Franks and backed by the governor. “The House bill is another game, in my opinion, because they still just want to concentrate on Roland Burris, Roland Burris.”

Senate President John Cullerton said he’s waiting to see what the House does before the Senate acts. “This is a different, cooperative procedure that we’re geared to this year while we work together with both chambers. So I don’t want to just send messages over to the House without having an idea about what they’re going to do.”

Franks, a Woodstock Democrat, said he is waiting for a meeting with House Speaker Michael Madigan to discuss the status of his two special election bills. “The opinion indicates that it’s in our hands now and we have the power if want to set this election. I’m going to impress upon him the necessity to do so,” Franks said.

Franks said he is worried that if Burris files a lawsuit questioning the legality of holding an election, a long legal battle could ensue that makes the whole issue moot. “We could be stuck in court for months. I’m sure we’d be in court longer then when the next election would be in February of 2010,” he said.

Rep. Lou Lang, an assistant majority leader from Skokie, said the Democratic Caucus is divided on the issue. “This is not about Mr. Burris. It’s about what we do with the laws in the state of Illinois. Rod Blagojevich, as unfortunate as it was, made a legal appointment of Mr. Burris while he was still governor,” he said.

Judge Scully
Democrats and Republicans bid farewell, thank you and good luck to Rep. George Scully, who retired today to serve an appointment to the Cook County circuit court bench.

He was elected in 1996 to represent the south suburban Chicago House District 80. He has since dissected complex regulation and legal issues, including managing the heated and lengthy debate about regulating the electric utility industry after rates skyrocketed in 2005. He also reached out to numerous legislators to help them think through legislation, regardless of whether he agreed with them.

“He would see all sides, and for that, he was a very judicious legislator,” said Rep. Kevin Joyce, a Chicago Democrat and family friend.

A marathon runner, including the Boston Marathon, the “sergeant,” as he was called, often led a group of legislators and political insiders on four-mile runs around Springfield before session days. The nickname refers to his very serious but polite and professional manner in which he conducts himself.

“Tender, laid back, relaxed, easy going, soft. These are not words I would use to describe George Scully,” said Rep. John Bradley, a Marion Democrat, joking before adding that Scully has a “keen mind and a true heart.”

Several Republicans also said their thanks. “I think many of us would like Rep. Scully to stay. He’s going to be a loss to this process, a loss to this chamber,” said Rep. Bill Black, a Danville Republican.

Scully said he’s leaving the legislature with a confidence in the state’s Constitution. “It has survived tremendous assault, and it came out very strong,” he said of the consecutive corruption allegations staining the state.

He ended by reciting insight he’d received 12 years ago: Trust the voters. People can accept that you disagree with them. They will never accept the fact that they’re being ignored.

AG: Burris' appointment "temporary"

By Bethany Jaeger
Attorney General Lisa Madigan issued a legal opinion late last night that confirms the Illinois Republicans’ interpretation of the 17th Amendment of the U.S. Constitution: An appointment to fill a vacant U.S. Senate seat is considered temporary, and the state legislature can set up an election to fill the seat currently held by U.S. Sen. Roland Burris.

According to her reading of the 17th Amendment, “although a state legislature may permit the state executive to fill a vacancy by appointment, that appointment is only ‘temporary.’” She said the General Assembly could reduce the U.S. Senate term without violating the senator’s right to due process of removal based on “cause.”

“A temporary appointee to the U.S. Senate has no right that prevents the General Assembly from passing legislation to enable the people to elect their U.S. senator.” In short, the opinion says nothing in the state or federal Constitution prohibits the General Assembly from changing the date of an election to choose a new U.S. senator.

Illinois House and Senate Republicans took that as a cue to call for another special election. “We do, in fact, have an opportunity legally and legitimately to have a special election and let people fill the Senate seat and stop the embarrassment that is the Roland Burris appointment,” said Sen. Matt Murphy, a Palatine Republican sponsoring a measure, SB 285, to move the primary election date to April 7 and the general election to May 26.

Senate Democrats also are sponsoring their own version of a special election bill, SB 1271, which is scheduled to be heard in a committee this afternoon.

If the Republican version were approved, the election to replace now U.S. Sen. Roland Burris would be on the same dates as local elections and, therefore, save money, Murphy said. Democrats also cited those two dates in December, when the party initially supported the idea of holding a special election to fill the seat vacated by President Barack Obama.

Murphy said Democrats, which have estimated the cost of a special election at more than $40 million, are motivated by politics, not financial concerns. “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 [million] to $25 million on an issue as important as this.”

He said the state budget still allots more than $15 million for member initiatives this fiscal year. If the General Assembly zeroed out those lines, he said the money could be used to help local governments with the cost of holding a special election. “So sure, it’s a concern but one that we can address if our priorities are right.”

Rep. Bill Black, a Danville Republican, also said the price tag of a special election doesn’t cost as much as public cynicism. “What’s been the cost of the loss of confidence in this state? What’s the cost of people saying, ‘Why bother to vote? It doesn’t make any difference.’ Haven’t we learned anything from the last two or three years?”

The timing, however, would condense the process of finding candidates, circulating petitions and educating voters. Murphy said he’s less concerned about the timing than he is about Burris remaining in office until 2011. “Every time we think we can’t possibly get embarrassed one more time, we do.”

Today’s Chicago Sun-Times reports that Burris’ son received a job with the Blagojevich Administration in September, the month before the governor’s brother called Roland Burris for fundraising help, according to Burris’ February affidavit to the special House committee that recommended Blagojevich’s impeachment.

He's not budging

by Jamey Dunn
U.S. Sen. Roland Burris ignored U.S. Sen. Dick Durbin’s call to resign. Durbin says that Burris told him today that he had no plans to resign, and he has not decided whether he will make a bid for the seat in 2010.

Durbin said that he advised Burris to resign because of the controversy surrounding his appointment to the U.S. Senate, and he added that Burris should have “volunteered” information about his fundraising attempts for former Gov. Rod Blagojevich when he testified before the House investigations committee in January. Burris filed an additional affidavit earlier this month that explained some — but not all — of his contacts with Blagojevich advisers prior to his appointment.

“We certainly had asked for more and hoped for more, and we didn’t receive it,” Durbin said.

Pressure builds for another Illinois politician to step down

By Jamey Dunn
Gov. Pat Quinn today called on U.S. Sen. Roland Burris to resign and once again threw his support behind a special election to fill the seat vacated by President Barack Obama.

Quinn said at a Chicago press conference that the mounting controversy over the circumstances of Burris’ appointment has made him unable to be an effective U.S. senator. He said he would consider a resignation from Burris a “heroic” way for the senator to preserve his legacy.

“I would ask my good friend, Sen. Roland Burris, to put the interests of the people of the Land of Lincoln first and foremost, ahead of his own, and step aside and resign from his office,” he said.

Quinn said that he hopes to see the seat vacated and legislation that would allow a special election within a week.

But Burris is still in office and hasn’t stepped down, despite growing pressure for him to do so, including a strong message from Obama’s press secretary earlier today. And negotiations on the idea of a special election still have a way to go. Quinn supports a bill from Rep. Jack Franks, a Woodstock Democrat, that would require a special election if the seat became vacant more than 180 days before the general primary.

Senate Minority Leader Christine Radogno, who joined a group of Republicans yesterday to call for a special election, said she wants the primary for the proposed special election to be held with the April 7 municipal general election and the special election to take place 30 days after. She said that would save the state money.

Franks said Radogno is jumping ahead in the process and that a date cannot be set as long as Burris is in office. He said that it would be impossible to hold the primary for the special election in conjunction with the April election because there is not enough time. Franks said he wants a timeline to be set that could be used if the seat became vacant. He proposed a bill that would call for a special election within four months of the vacancy.

However, both Franks and Radogno support reimbursing local governments for some of the cost of a special election.

Franks is counting on Republican backing once all the details have been ironed out, but he said he’s not sure if there would be enough support from House Democrats. When a special election was proposed in December after former Gov. Rod Blagojevich’s arrest, Democrats blocked it. But Franks said he thinks that they would be more willing to negotiate now. “At least we’re talking about it, and now it’s much more serious than it was just a few days ago,” he said.

Republicans want a special election

By Hilary Russell, with Jamey Dunn contributing
Senate Minority Leader Christine Radogno and House Minority Leader Tom Cross and other Republican legislators said they are disappointed with House Democrats’ delayed response to the latest chapter in the case of U.S. Sen. Roland Burris. During a Statehouse news conference today, GOP members of both chambers argued that a special election was the only way to immediately begin restoring the state’s reputation.

“Returning that, to use the phrase, bleeping golden Senate seat back to the people is the only real way, the only real solution to the state’s embarrassing problem,” said Sen. Matt Murphy, a Palatine Republican.

He’s sponsoring SB 285, which calls for vacant U.S. Senate seats to be filled by special election rather than gubernatorial appointment. A special primary election would be held April 7, and a special general election would be held May 26.

Meanwhile, Rep. Bill Black, a Danville Republican, introduced two resolutions today designed to make House Democrats go on record about how to handle Burris. HR 92 calls for Burris’ resignation, and HR 93 urges the U.S. Senate to investigate him. Democrats did not let either measure get called for debate.

Spotlight on ethics — and politics

By Bethany Jaeger and Jamey Dunn
The legislature’s effort to improve government ethics in the aftermath of former Gov. Rod Blagojevich today shifted the spotlight onto partisan politics — and the ongoing public-perception battle of U.S. Sen. Roland Burris.

Illinois Republicans continued to bring attention to the way Democratic leadership, particularly Majority Leader Barbara Flynn Currie, handled information regarding Burris’ appointment. She chaired the special House committee that recommended Blagojevich’s impeachment last month.

Currie today responded to accusations that she purposely withheld an affidavit filed by Burris, which explained that he had contact with a handful of Blagojevich’s advisers prior to his appointment to fill the U.S. Senate seat vacated by President Barack Obama. Republicans alleged that Currie did not share the affidavit as soon as she received it because it might have embarrassed Democrats.

From the House floor, Currie said she glanced at Burris’ letter and assumed the entire document contained routine follow-up information about his lobbying clients. Before the affidavit was shared with staff or with Republican committee members, Currie said, Burris released the document to Chicago media.

“Any suggestion that I engaged in a deliberate cover up, that I purposely delayed the distribution of the information, is totally false,” she said. “Any suggestion that I should do a better job of reading my mail in a timely fashion is a suggestion I enthusiastically and more than a little ruefully embrace.”

She has since posted on the committee’s Web site numerous follow-up letters regarding the impeachment report.

Rep. Jim Durkin, Republican co-chair of the special House impeachment committee, said he does not want the committee to reconvene because it could create a legal loophole for Burris to avoid prosecution for potential perjury. Durkin cited a state statute (scroll down to Sec. 32-2c). It says a witness can admit to giving false testimony during an ongoing trial and later correct the statement without facing perjury charges.

Some Democrats agree with Durkin. Reps. Jack Franks of Woodstock and Susana Mendoza of Chicago called on Burris to resign today, joining a growing list of state and federal officials doing so. Both Democrats said they did not want the House committee to hear from Burris again.

“It makes no sense to give somebody who we know lied, who purposefully lied — there’s no doubt in my mind — an opportunity allow himself to squirm his way out of potentially having to go before a court and explain his actions,” Mendoza said.

House GOP members called once more for special election to fill the seat. “This is so tainted, said Rep. Roger Eddy, a Huntsville Republican. “This is so dirty that the only disinfectant that will work is the will of the people. … I don’t have any idea why we continue to be afraid of an election in a democracy.”

Franks and Mendoza both called for a special election. Mendoza, who originally opposed a special election, said she deserved part of the blame for the current situation. She said that she assumed no one would have the “lack of integrity and the blind ambition” to accept an appointment from Blagojevich. “I never thought that this would happen.”

Joint ethics committee
When Democrats and Republicans of both chambers met to discuss ethics reforms this morning, GOP leaders cited the handling of the Burris affidavit and said Democratic control has been unfair and turbid. “The actions of the majority party have been anything but open, have been anything but transparent, have been anything to reflect sunshine over the last two to three weeks,” said House Minority Leader Tom Cross. He and other GOP leaders said the makeup of the ethics reform committee — 10 Democrats and 6 Republicans — fails to ensure bipartisan cooperation and sharing of information.

Durkin said the effort to improve transparency includes information between lawmakers. “Openness is not just with the public, but it also has to be between Republicans and Democrats. And I hope we can do a better job of it in the future.”

Democratic leaders -- House Speaker Michael Madigan and Senate President John Cullerton -- said the makeup of this committee, like all others, reflects the Democratic majority in the legislature. Madigan added that as the majority party, Democrats will be held accountable for the committee’s actions.

Ethics reforms in the works
The purpose of today’s ethics committee was to hear testimony about reforming the state’s Freedom of Information Act and Open Meetings Act. Attorney General Lisa Madigan was among those who offered such recommendations. They include:

• Require training of public employees who respond to FOIA requests.
• Charge fines for people who violate the FOI law.
• Codify the public access counselor, which she created in 2004 in response to Blagojevich’s administration, and allow that lawyer’s opinions to be legally binding rather than advisory.
• Allow findings of ethical violations of state employees to be made public and to be referred to law enforcement.

Terry Pastika, executive director of the Citizen Advocacy Center in DuPage County, added:
Update provisions about the use of technology to produce documents to the public.

• Tighten rules about when information is exempt from public access. Illinois currently has about 45 exemptions, while the average in other states is about 15, she said.
• Ensure people are only charging for the actual cost of reproducing the documents.

The legislature’s committee will meet again at 9 a.m. February 24 in the state Capitol, while Gov. Pat Quinn’s ethics reform commission will meet at 11 a.m. February 23 at the University of Illinois at Springfield. All hearings are open to the public.

The never-ending story

By Jamey Dunn
House Speaker Michael Madigan sent documents today to the Sangamon County state’s attorney’s office that could prompt a perjury investigation of U.S. Sen. Roland Burris, and Burris on Monday revealed more information about his conversations with Rob Blagojevich, brother of the former governor.

Burris’ latest public perception battle began over the weekend, when it was revealed in a new affidavit that he discussed his interest in the U.S. Senate seat with members of former Gov. Rod Blagojevich’s inner circle. Illinois Republicans and Democratic Attorney General Lisa Madigan have called for Sangamon County State’s Attorney John Schmidt to investigate possible perjury charges based on inconsistencies between the most recent affidavit, filed earlier this month, and Burris’ affidavit and testimony that was given to the House committee a month ago.

Madigan today sent the two affidavits that Burris filed with the special House investigation committee and a transcript of his testimony to Schmidt’s office. House Minority Leader Tom Cross said that this was a “good start,” but he said he still wanted Democrats to explain why they did not disclose the affidavit as soon as it was filed February 4.

Rep. Jim Durkin, minority spokesman for the House committee, said that Democrats kept the GOP members out of the loop by refusing to reveal the new affidavit and by making the decision to send the documents to the state’s attorney’s office on their own. Durkin said Democrats have closed the door on bipartisanship and that he sees “no reason to talk to them about anything.”

Meanwhile, Burris continues to add details to his story. He reportedly said today that he reached out to the prosecutor and said he had nothing to hide. Also, according to the Chicago Tribune, he said he did, indeed, speak to the former governor’s brother and tried raise some money for the governor’s political campaign. As outlined in the affidavit, there were three conversations. Burris shed some more light on them today, per the Tribune transcript:

1. October 2008: Burris said Rob Blagojevich called him to seek fundraising help for the former governor, and Burris said he couldn’t help until after the election. According to Burris, during that phone call, he also inquired about the Senate seat. Rob Blagojevich’s lawyer has been quoted as saying otherwise. According to Burris’ affidavit, Rob Blagojevich said Burris’ name had come up.
2. After the November election, Rob Blagojevich called again. Burris said he tried to organize fundraising, but no one he approached was interested in donating. Burris said they discussed the possibility of approaching other people to raise money.
3. The third time that Rob Blagojevich called, Burris said he explained that he could no longer help because he was interested in the appointment. Burris previously said that he did not offer any fundraising help.

Kent Redfield, a political scientist at the University of Illinois at Springfield, said there probably was no quid pro quo involved in the U.S. Senate appointment. Redfield said that Burris’ one chance to clear up any suspicion about his appointment and “sever ties” with the former governor was in January. And the more details that come out now, the more “everything is under suspicion.”

In addition, Redfield said, the more details that trickle out, the more Burris’ chances in the 2010 U.S. Senate race are called into question. Burris’ actions also increase the chances that state Treasurer Alexi Giannoulias, who currently is traveling abroad with U.S. Sen. Dick Durbin, will make a run for the seat. Redfield also said that if Burris decided to run and won the Democratic primary, these revelations would become fodder for a Republican challenger’s campaign. “The TV commercials almost write themselves,” he said.

More to the story

by Jamey Dunn
U.S. Sen. Roland Burris is likely to get an earful on his five-day “listening tour” of the state this week. It started off with a bang today in Chicago. He was hounded by media asking about the weekend’s headliner that contrary to what was on public record before the Illinois House, Burris had spoken with close friends and confidants of former Gov. Rod Blagojevich before being appointed to fill the seat vacated by President Barack Obama.

The new information comes in an affidavit that was filed with the Illinois House impeachment committee February 4 but that was not revealed until this past weekend.

Burris wrote that Rob Blagojevich, brother of the former governor, called him three times for fundraising help before Burris was appointed to the U.S. Senate. In his affidavit, Burris said he didn’t give any assistance or money to Blagojevich because “it could be viewed as an attempt to curry favor with him regarding his decision to appoint a successor to President Obama.” Burris also wrote that he discussed his interest in the U.S. Senate seat with three other former Blagojevich insiders — Doug Scofield, John Wyma and former Deputy Gov. John Harris — between June and the November election.

Illinois Republicans allege that his new affidavit contradicts 1) his sworn testimony before the Illinois House impeachment committee in January (scroll down) and 2) his written affidavit filed January 5 with the committee. The GOP is calling for the Sangamon County state’s attorney's office to investigate possible perjury charges against Burris.

When Burris appeared before a special House impeachment committee in January, he only specified that he talked to Lon Monk, a close friend of and former chief of staff to then-Gov. Blagojevich, regarding his interest in the U.S. Senate seat. In his affidavit, he wrote that he did not speak with Blagojevich “or any or his representatives regarding my appointment.”

Both Burris and his lawyer Timothy Wright III said in a Chicago news conference Sunday that Western Springs Republican Rep. Jim Durkin’s line of questioning allowed that information to fall through the cracks. Wright said that after reviewing a transcript of Burris’ January 8 testimony, he realized that some details had been left out. Wright said he phoned Rep. Barbara Flynn Currie, chair of the House committee, and asked her what to do. He said she told him to file an affidavit with her office.

House Democratic spokesman Steve Brown, speaking on behalf of Currie, said this morning that the staff became aware of Burris’ new affidavit on February 11, shortly before leaving town for a long weekend. He said they will further discuss the situation when they return to Springfield tomorrow.

Burris maintained during the news conference that he did not lie before the House committee and that the affidavit was meant to supplement his testimony, not change his story. He blamed any perceived inconsistencies on misleading media coverage.

He will give speeches and seek feedback from Illinoisans. Burris went to Peoria today and is scheduled to go to Bloomington-Normal, Rockford, Chicago and North Chicago before the end of the week.

Impeachment, Senate trial, Blagojevich, Burris

By Bethany Jaeger, Jamey Dunn and Hilary Russell

Sidestepping the criminal allegations that led the Illinois House to impeach him, Gov. Rod Blagojevich maintains his innocence and says that he “pushed and prodded the system” so he could expand health care to as many people as possible.

During a Chicago news conference this afternoon (heard on CNN), Blagojevich said he took actions with the advice of lawyers and experts to find “creative ways” to use his executive powers.

“And, in many cases, the things we did for people have literally saved lives. I don’t believe those are impeachable offenses,” he said.

But 114 House members disagreed. A near-unanimous vote supported 13 impeachable offenses that, according to the House, demonstrate a pattern of Blagojevich’s abuse of power and failure to fulfill his constitutional oath. His case now heads to the state Senate for a more formal trial, starting January 26.

Senate prepares
The House’s impeachment was more of a political process that leveled the accusations. The Senate trial will intend to prove those accusations.

But there is no precedent.

A special Senate committee met in Chicago today and drafted rules for the trial. Members looked to the impeachment of former President Bill Clinton, as well as some other states. More on that next week, but to give you some idea, the House will choose a lawyer to present the case, just like a prosecutor. The Senate will be both judge and jury, and the chief justice of the Illinois Supreme Court, Thomas Fitzgerald, will preside. Much like in a court trial, the defense will be allowed to call witnesses, make objections and provide rebuttals.

Sen. Dale Righter, a Mattoon Republican on the special Senate committee drafting the rules, said the trial could span about 10 days. They’ll start by adopting official rules early next week.

Blagojevich defends
Citing specific examples of health-related initiatives, Blagojevich drew on the legislature’s failure to pass several bills as reasoning for his impeachment.

“From the very moment of my re-election, I’ve been engaged in a struggle with the House to try to get things done for people,” Blagojevich said, adding, “I’ve been pushing and prodding the House to expand health care and, unfortunately, they consistently stood in the way of those expansions.”

He went as far as crediting former Congressman Rahm Emanuel, new chief of staff for President-elect Barack Obama, for coming up with the idea to import cheaper prescription drugs for seniors. Blagojevich also described the Illinois Breast and Cervical Cancer Program as “a lifesaving program the House would not act on. I found a way with our lawyers to do it around the legislative process.”

He did not address a single item in the criminal complaint before walking away without taking questions.

House impeaches
Two House members did not support Blagojevich’s impeachment. Rep. Milt Patterson voted against the resolution to impeach, and Rep. Elga Jefferies voted “present.” Both are Chicago Democrats who said they were not convinced impeachment was the right thing to do.

“I went by my own gut feeling, it’s as simple as that,” Patterson said. “I read the report, and if the government is going to indict him, let them go ahead and do that. That’s their job. I’m doing my job.”

Jefferies, who lost her primary re-election bid last year, said she didn’t agree with all of the committee’s findings and that the members had to “really dig” to find cause for impeachment. “I think a lot of it was personal. And I think he’s due his process. I think this has been blown out of proportion, and I just could not vote ‘yes.’ I think, leave it up to the courts.”

The rest of the body agreed that the evidence was overwhelming and that the legislators had no choice but to impeach him so that the state could get back on track. Rep. Jim Durkin, a Western Springs Republican and GOP leader on the investigative committee, said one legislator’s son traveled all the way from China to use Illinois as an example of how of how bad government operates.

Nearly all legislators said the public deserves better.

“You ought to be disgusted,” said House Minority Leader Tom Cross. “You ought to be mad as hell because this is our state. This is our system.”

Many vowed to clean up state government. “This is a political process,” said Rep. Jack Franks, a Woodstock Democrat. “And it’s our duty, our duty, to clean up the mess and stop the freak show that has become our Illinois government.”

Some worried not only about how the national media perceives Illinois, but also how children and potential public servants interpret government’s role in this state.

Rep. Al Riley, a Matteson Democrat, said this is what he would tell his children: “Though we are sad in doing what we are compelled to do, it’s a great day for the state of Illinois. Why is it great? Because it proves that the system works. It proves that the system works, and no matter who you are, a kindergarten student, someone in high school, someone who has the public trust, if you violate that trust, if you do the wrong things, you will be found out, and you will be punished for it. Simply said. That the sun will still come up tomorrow. And we have systems in place to be sure that each person, each resident of the state of Illinois will be taken care of.”

Burris waits
The Illinois Supreme Court issued a ruling today that means former Illinois Attorney General Roland Burris is, in fact, the appointee to the U.S. Senate.

The court order said Secretary of State Jesse White was not required to certify the governor’s appointment of Burris to the U.S. Senate, and, more importantly, “no further action is required by any officer of this state to make that appointment valid.”

According to the court, White performed his sole duty of registering the appointment into the state record on New Year’s Eve, even though he did not sign the form recommending Burris’ appointment.

Burris argued White had a mandatory duty under Congress to sign and affix the state seal to his appointment papers; however, the court said that was “wholly without merit.” That only applies to vacancies filled by election. And If Burris needs a copy of the letter with a state seal, he can still order one through the Secretary of State, as anyone can do.

U.S. Senate Majority Leader Harry Reid previously said his chamber could not accept Burris’ appointment without a certified letter. Now that the Illinois Supreme Court said the appointment is valid, the ball bounces into Reid’s court.

Expect a unanimous vote to impeach

Hilary Russell and Jamey Dunn contributed to this report

If the 21-0 vote in tonight’s Illinois House committee is any indication, it’s likely that the full chamber will unanimously vote Friday in favor of impeaching Gov. Rod Blagojevich.

All Democratic and Republican members on the special House investigation committee voted to recommend impeachment based on the “totality of evidence,” ranging from trying to sell President-elect Barack Obama’s U.S. Senate seat to evading federal law by importing doses of flu vaccine. A 69-page report (or click on the "proposed report" on the top) outlines 13 grounds for impeachment that generally include Blagojevich abusing his executive powers, rewarding and punishing people based on whether they donated to his political campaign and jeopardizing state operations in the process.

“We are a government of laws and not of men,” said Rep. Roger Eddy, a Republican committee member, later adding, “The hardworking people of the state of Illinois deserve public servants, not self-servants.”

Members said that although the state Constitution is extremely vague in setting a standard for impeachment, the committee’s three weeks of hearings and thousands of pages of evidence resulted in a thorough, fair and legitimate recommendation to impeach.

Blagojevich’s team disagreed and released a statement that said the proceedings were flawed and biased. “Today’s vote was not a surprise. The outcome was a foregone conclusion, especially when you consider the committee released its report hours before wrapping up testimony,” the statement said, referring to the morning release of the proposed report before the committee heard from Roland Burris, former Illinois attorney general whom Blagojevich appointed to fill Obama Senate seat. Read more about Burris’ appointment below.

Blagojevich attorney Edward Genson was allowed to present a defense for about three hours in one committee hearing; however, he was not granted the ability to cross-examine witnesses or issue his own subpoenas. Blagojevich’s statement said the governor anticipates a more legal process in the Illinois Senate. “When the case moves to the Senate, an actual judge will preside over the hearings, and the governor believes the outcome will be much different.”

Committee members said the House investigation was not designed to be a court of law, and the evidence gathered clearly demonstrated that Blagojevich is not fit to fulfill his constitutional oath as governor.

“The evidence is overwhelming, and it seems to me that there’s no choice but to vote to impeach this governor,” said Rep. Garry Hannig, a Democratic committee member. “It’s a difficult task, I think, to overturn an election. It’s a difficult task to remove someone from office, but, indeed, we have that obligation as members of the legislature.”

Republican Rep. Bill Black wasn’t as somber in his comments. He challenged voters to demand better. “I think it’s a good, glad, happy day for Illinois because it points out that nobody is above the law, and anybody will be held accountable for their actions. It may take too long, and there have been egregious abuses, if half of what we read is true, and I hope the message is received by all those in office and all those who will seek office in the future: Enough is enough. No more.

“And to the people of the state of Illinois, I think your charge is simple," he continued. "Hold each of us accountable, become informed voters and do not tolerate what has been often winked at in this state.”

The full House is scheduled to convene at 9 a.m. Friday for a vote on this resolution.

Burris expects to be seated
Roland Burris repeated that he was unaware of any quid pro quo in the way he was appointed by Blagojevich to fill Obama’s U.S. Senate seat. “I can before this committee state that there was nothing legal … personal … or political [in] exchange for my appointment to this seat.”

Burris raised eyebrows, however, when he said he spoke with Lon Monk, Blagojevich’s former chief of staff who reportedly cooperated with federal prosecutors in the ongoing criminal investigation. Burris said he spoke to Monk, lobbyist to lobbyist, around July 2008 (or September, he couldn't remember) to talk about potential clients and about his interest in the U.S. Senate seat.

After his testimony, Burris explained further in a news conference. He said he approached Monk to indicate that Burris’ law firm could represent his clients if Monk had a conflict of interest because he recently worked for state government. “We did say, ‘Lon, if you have any conflicts, consider referring it to us.’ That’s all it was about. And I happened to bring up … I’m also interested in that Senate seat. And I think you’ve got access to the governor, so just let him know that I’m interested. That was the extent of it.”

Burris, as well as consulting and law firms associated with him, donated more than $20,000 to Blagojevich’s campaign since he became governor, according to the House Republicans. Burris said he as an individual donated $4,500 over the past eight years. He said he has not contributed any money to Blagojevich since June 27, 2008.

Burris and numerous state legislators said they expect him eventually to be seated by the U.S. Senate, despite being denied access to the U.S. Senate floor earlier this week. Burris met with Senate Majority Leader Harry Reid of Nevada and Sen. Dick Durbin of Illinois in Washington yesterday. The conditions of his acceptance were to testify as a subpoenaed witness before the Illinois House committee and to get Secretary of State Jesse White’s signature to certify his appointment. White previously refused to sign the document because of the criminal allegations surrounding Blagojevich’s power to appoint a new U.S. senator, although many agree White lacks authority to block an appointment. The issue remains in court.

Rep. Jim Durkin, the Republican spokesman on the House impeachment committee, is the one who subpoenaed Burris. Durkin said it was the committee’s responsibility to ask these questions and get Burris on the record under oath, which could be particularly useful if he decides to run for reelection when Obama's Senate term expires. “Not only Washington, but people in Illinois are watching [Burris'] actions, the things that he’s done in his public life. And he will be held accountable with the public if he does run for election in 2010.”

Burris' contracts to contributors

By Dana Heupel
During Roland Burris’ first full fiscal year as Illinois attorney general, more than half of the money his office awarded for outside legal work went to campaign contributors, according to a book published by Illinois Issues magazine and the Springfield State Journal-Register.

In FY 1992, Burris’ office issued roughly $4 million in outside legal contracts to individuals and law firms, according to the book, Illinois For Sale, which was published in 1997. More than $2.25 million of that amount went to contributors to Burris’ campaign or to the main Democratic fundraising committee.

None of the outside legal contracts were required to be put out for bids by competing law firms. Burris’ office was allowed to award the contracts without consideration over whether the state received the best price for the legal work.

At the time, Burris’ office denied they were “pay to play” contracts.

“There was an even greater number [of contractors] who didn’t contribute,” responded Burris’ spokesman, Ernie Slottag. “I’m not sure we read the perception the same. It’s the question of whether the glass is half-full or half-empty.”

According to the book, the bulk of the legal contracts were for work performed for various state agencies under then-Gov. Jim Edgar’s office, such as the Illinois Department of Transportation, which hired outside attorneys for such work as land condemnation cases. However, the contracts were approved by Burris’ attorney general’s office, which has constitutional authority over the state’s legal work.

Slottag at the time agreed that the attorney general’s office had to sign off on legal contracts from other agencies but said “a lot of people have input” into the process.

However, when told of the legal contracts, then-state Sen. Judy Baar Topinka, R-Riverside, responded at the time, “It looks to me like we’re padding the payroll with contributing law firms.”

Illinois For Sale was based on a series of news stories published by the State Journal-Register in 1993 and 1994 that examined the relationship between campaign contributions and state contracts. The newspaper compared a database of all campaign contributions made to statewide officeholders during the year before and the year after the 1992 statewide election against a database of all contracts awarded during the first full fiscal year after the officeholders were sworn in. It found that at least $1 of every $3 the officeholders awarded in contracts went to campaign contributors.

The newspaper series won the prestigious national George Polk Award for political reporting in 1994.

“Pay to play” has surfaced as a national issue with the arrest of Gov. Rod Blagojevich, who is accused of seeking campaign contributions from prospective state contractors and plotting to sell to the highest bidder his appointment to fill the U.S. Senate seat vacated when Barack Obama was elected president. Since his arrest, Blagojevich has appointed Burris, who served as vice chairman of the governor’s transition team, although Senate leaders have said they will not seat him.

Impeachment accelerating in 2009 - UPDATED

The impeachment process aimed at Gov. Rod Blagojevich is accelerating and could be considered by the full Illinois House as soon as next week. House Speaker Michael Madigan told his members to be prepared to be in session for seven consecutive days, starting January 7 and running into the inauguration of a new General Assembly January 14.

At the same time, a special committee in the Senate is meeting in Chicago next week to set procedures for an impeachment trial in that chamber. A full trial would start if a majority of House members voted in support of impeachment articles.

Things picked up after Blagojevich’s appointment of Roland Burris to fill the U.S. Senate seat vacated by President-elect Barack Obama. The empty seat has been at the forefront of international news following the release of a criminal complaint against the governor, who allegedly tried to reserve the appointment for someone who would “pay to play.”

The Illinois House committee is close to wrapping up its investigation of whether there’s cause for impeachment, said Rep. Barbara Flynn Currie, committee chair. She said the full House could receive recommendations as early as next week, but it’s not certain. So far, the investigation has focused on whether the governor has abused his executive powers and, to a lesser extent, the federal criminal allegations. The committee still has to decide how many articles of impeachment it would recommend, if impeachment is the majority consensus.

But there are a few loose ends that should be tied up before the committee makes a recommendation one way or the other, according to Rep. Jim Durkin, the Republican spokesperson for the committee. He said he wants to hear Burris testify about his discussions with the governor and his campaign contributions to the governor’s political fund.

“I don’t take anybody’s word at press conferences, anymore,” Durkin said, “particularly when it comes to something of this magnitude and the serious nature of the investigation. I think Mr. Burris owes to the people of the state of Illinois to sit down, swear under oath the circumstances of how this appointment occurred and to swear under oath that he completely has clean hands in this process.”

Meanwhile, Burris filed a lawsuit with the Illinois Supreme Court to challenge Secretary of State Jesse White’s authority to block his appointment.

One other loose end includes whether the House investigation committee will have access to recordings of certain conversations between Blagojevich and members of his inner circle about a gaming bill mentioned in the criminal complaint. A federal hearing is scheduled for Monday.

Even if the feds deny access to the recordings and even if Burris does not testify, Durkin said he thinks the investigative committee could soon make an “informed decision” on whether to recommend articles of impeachment for the full House to consider.

The longer the impeachment process takes, however, the more momentum could build for a special election to replace Obama in the U.S. Senate. Illinois Republicans have been calling for a special election for weeks, but House Democrats were split and did not advance a bill to allow an election. Rep. John Fritchey, a Chicago Democrat, is now sponsoring a measure that is slated for consideration next week. I haven’t gotten a hold of Fritchey, yet, but Currie didn’t sound so positive about the general idea. “I haven’t seen any sign of that moving at this point.”

UPDATE: Just spoke with Fritchey. He said his bill, SB 761, right now is intended to clean up the ethics reforms that just took effect January 1. Some language needed to be clarified so that the state wouldn't miss out on federal highway funds. That means the legislation, as of today, is not about setting a special election to replace Obama. Things could always change.

Burris is caught in a nasty political storm

Things just keep getting weirder in Illinois. It’s been widely understood that the U.S. Senate leaders would reject any appointment by Gov. Rod Blagojevich to fill the Senate seat vacated by President-elect Barack Obama. But now, not only is Blagojevich defying the undeniable, he’s also managed to involve race in a situation that already is clouded by sensationalism.

Blagojevich on Tuesday said he is appointing former Illinois Attorney General Roland Burris to fulfill the last two years of Obama’s Senate term, but Burris is unlikely to actually serve in the seat. Secretary of State Jesse White said he is refusing to co-sign the paperwork, thereby blocking the appointment. Even if White lacks authority to do so, all Democratic U.S. senators already announced they would reject the governor’s appointment regardless of whom he picked.

State Treasurer Alexi Gainnoulias said Blagojevich’s actions heighten the need for a quick impeachment. “Regardless of whether he wanted to appoint Mother Theresa or Abraham Lincoln, I believe Blagojevich lost that right when he allegedly attempted to sell the Senate seat to the highest bidder. … Because of Blagojevich’s actions, the appointment process has been tainted and will continue to be tainted as long as he holds office.”

Republicans continue to call for a special election to replace Obama, but the Illinois Democratic leadership did not advance legislation that would allow for that to happen. House GOP Leader Tom Cross said in a Statehouse news conference today that, yes, the Republican Party would stand to benefit from a special election, but it’s the only way to start to clean the stain left by Blagojevich’s arrest December 9. “The special election is the one way to say, not only to this state, but to the country: We learned something. We got it. We’re going to avoid any appearance of impropriety.”

Cross said he was shocked Tuesday morning when he heard the governor would appoint a Senate replacement even though an alleged pay-to-play scheme involving the appointment topped a 76-page criminal complaint against the governor. “I thought it was a joke. Literally, I thought, ‘There’s no way. It’s just some sick, funny, wacky rumor that’s on the Internet, that there’s no way in a million years it’s going to happen. He would not do this.” Cross said he couldn’t take the wildest guess about why the governor would actually follow through on the appointment. Then he pondered that the governor might be akin to a rabid dog in the corner that’s going to lash out in anger at the world.

Cross said Tuesday’s action could quicken the pace of the House committee investigating cause for impeachment.

Whatever the governor’s intentions, Burris is now caught in a political storm that might blow over his 40 years of experience. The Centralia native of southern Illinois became the first African American elected to a statewide office, serving three terms as state comptroller between 1979 and 1991, followed by one term as attorney general. His political experience includes serving as vice chair of the Democratic National Committee from 1985 to 1989.

But his political experience also includes repeated and failed attempts to win higher office. He’s run for governor three times, including in 2002 against Blagojevich. He also ran for the U.S. Senate and for Chicago mayor. Read this Illinois Issues profile of Burris in 1998: “What makes Roland run?”

Kent Redfield, political scientist at the University of Illinois at Springfield, said although Burris had been lobbying for Obama's seat and although he’s always had the image of aiming for higher office, it’s surprising that he accepted the appointment. “I think he’s letting his ambition cloud his judgment. He and the governor seem to share one thing, which is that ‘it’s about me.’”

Accepting the position after Blagojevich’s arrest also has potential to taint Burris as "Blagojevich’s senator," Redfield added. “It doesn’t matter if he’s pure as the driven snow.”

Blagojevich actually made a plea to the public during his Chicago news conference, seen on CNN. “I’d like to ask everyone to do one last thing: Please don’t allow the allegations against me to taint this good and honest man.”

The plea thickened when U.S. Rep. Bobby Rush joined the news conference and thanked God for Blagojevich’s selection of Burris because he is an African American with 40 years of public service. He said maintaining an African American seat vacated by Obama is a matter of national importance. “Roland Burris stands head and shoulders above most elected officials in this nation, and so there’s no rhyme or reason that he should not be seated in the U.S. Senate,” Rush said. Then he added this racially-charged challenge: “I don’t think there’s anyone, any U.S. senator, who’s sitting in the Senate right now, [who] would want to go on record to deny one African American from being seated in the U.S. Senate. I don’t think they want to go on record doing that.”

Burris said he had no relationship with “that situation,” referring to the governor’s legal problems. Standing at Blagojevich’s side, he said: “I have no comment on what the governor’s circumstance is. And as a former attorney general of this state, I know, and I think most of you all know, that in this legal process, you’re innocent until you’re proven guilty.”

The House committee investigating impeachment is on hold until at least January 5, when the feds could decide whether to release recorded conversations detailed in the criminal complaint.