Distributed via Email: December 12, 2008

Legislature Will Return Next Week

Though the headline of the last Alliance Legislative Report was "Legislature is Done for the Year", it looks as though lawmakers will return to the Capitol next week. The arrest Tuesday of Governor Rod Blagojevich on allegations of "pay to play" schemes involving state contracts and the appointment of a U.S. senator to replace President-Elect Barack Obama has prompted legislative leaders to call the legislature back to Springfield. The House of Representatives will reconvene on Monday, Dec. 15 at 3 p.m.; the Senate will meet on Monday at 5 p.m. Both chambers are also scheduled to be in session on Tuesday as well.

Though the governor's arrest rocked the foundation of the state's political system and became a national news sensation, Rod Blagojevich is still the state's governor and can act accordingly with all of the powers bestowed to that office. After being arrested and held in custody on Tuesday, the governor reported to work Wednesday morning. He has stated that he has no intentions of resigning.

The General Assembly is looking for a way to remove the governor from office, or at least a way to curtail his authority temporarily. There is a possibility that the impeachment process will begin in the House of Representatives next week. Under this provision of the Illinois Constitution, the House must conduct a legislative investigation "to determine the existence of cause for impeachment", then vote on a measure calling for impeachment. The Senate would then convene a trial on the impeachment charges. There is no set timetable for the length of time the impeachment process would take.

The House Elections and Campaign Reform Committee is scheduled to meet on Monday at 3:30 p.m. in Room 114 of the State Capitol. No bills are posted for the hearing. It will be a "subject matter only" hearing to discuss the options available for filling the U.S. Senate seat vacated by President-Elect Obama. Obama resigned from the Senate seat shortly after he was elected President of the United States in November.

THE U.S. SENATE SEAT

Illinois law states that when a vacancy occurs in the office of United States Senator, the governor shall make temporary appointment to fill the vacancy until the next even-numbered year election. Since the bulk of the criminal complaint against the governor was centered on alleged schemes to "shake-down" senatorial candidates for the governor's private gain, lawmakers are looking for a procedure to remove the governor's power to make the appointment for senator.

The House, then, might try to pass legislation next week that calls for a special statewide election of a U.S. senator to replace President-Elect Obama. The Senate would also have to approve such legislation. The idea of a special election was first voiced by U.S. Senator Dick Durbin and received the support of Obama.

There is some resistance to this plan because of the cost of holding such an election. Estimates range between $70 million and $100 million to hold a special statewide election. On a political level, others object to the special election because it would give a Republican candidate the opportunity to win the seat.

Since the Senate seat was occupied by a Democrat, and the governor's office is also occupied by a Democrat, the appointment procedure would virtually assure that a Democrat candidate would continue to hold the Senate seat. Some ask, then, why would the Democrat party want to risk losing the seat to a Republican in an election?

The major hurdle with this plan, however, is that not only do the Illinois House and Senate have to approve the legislation to create the special election, but the governor would have to sign the bill. Few believe that Governor Blagojevich would sign such a bill, at least in any reasonable timeframe (he would have 60 days to take action on such a bill).

THE GOVERNOR'S SEAT

If the governor resigns, is impeached, or otherwise causes a vacancy in the office, the Illinois Constitution states that the line of succession shall be the Lieutenant Governor (Pat Quinn), the Attorney General (Lisa Madigan), and the Secretary of State (Jesse White). Lieutenant Governor Quinn held a press conference on Thursday calling for Governor Blagojevich to step down from office. Quinn stated that he is ready to step in as the new governor. Quinn also said that he does not support holding a special election for the U.S. Senate seat and that he would immediately start to process to appoint a successor to Obama.

All of the elected statewide constitutional officers in Illinois have called for the governor to resign. President-Elect Obama and U.S. Senator Dick Durbin have called for Blagojevich's resignation. A letter, signed by all of the Democrat senators in the U.S. Senate, was also sent to the governor calling for his resignation.

ATTORNEY GENERAL STEPS IN

Attorney General Lisa Madigan held a press conference today (Friday) to announce that she had filed a motion with the Illinois Supreme Court aimed at removing Governor Blagojevich from office. She argued that the nature and severity of the allegations against the governor prevent the governor from performing his official duties. Madigan asks the court to allow the lieutenant governor to temporarily assume the governor's duties. It is unclear when the court might hear the motion or if such a strategy has ever been attempted before in Illinois.

*The legislative report is written and edited by the lobbyists of the Illinois Association of School Boards to provide information to the members of the organizations that comprise the Statewide School Management Alliance.

General Assembly Bill Text/Status

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