There's been a lot of talk today about Secretary of State Jesse White's announcement that he will refuse to certify Roland Burris' appointment to the U.S. Senate. For instance, during an MSNBC appearance this afternoon, Burris was asked about the matter. He responded: "...
There's been a lot of talk today about Secretary of State Jesse White's announcement that he will refuse to certify Roland Burris' appointment to the U.S. Senate. For instance, during an MSNBC appearance this afternoon, Burris was asked about the matter. He responded: "Secretary White is a very good friend of mine. I talked to him this morning and I think he will rethink his position once he understands that his authority his really perfunctory." Watch it (full video here):
But having listened to White's press conference this morning, it seems clear that he understands the perfunctory nature of his role in this process. Speaking to reporters, he didn't suggest that his refusal to sign the "certificate of appointment" laid out under U.S. Senate Rule II will obstruct Burris' appointment. To the contrary, he said that, regardless of whether he signs, Blagojevich "can still send his recommendation on to the Senate in Washington and it would be up to them to determine whether they want to seat [Burris] or not." Watch it (full video here):
Notice how White said that he will be "asked" to sign the document -- not required. Indeed, Senate Rule II is a bit vague in this respect. It features a "certificate of appointment" form that includes a line for the Secretary of State's signature. At the same time, the rule says that state officials "may use such forms if they see fit." Not exactly the strictest language.
CQ noted as much in an article yesterday:
Although the secretary of state typically signs the certification letter — and a Senate-suggested template for the letter leaves a spot for the signature in addition to that of the governor — there appears to be no requirement under the federal or state constitution, Illinois law or Senate rules that the secretary of State sign off on the pick.
So White's refusal to sign the certificate seems to be a matter of principle, not an effort to actually block the appointment.
In short, if there is ultimately going to be a legal battle surrounding the appointment, it's more likely to be triggered when the Senate Democrats refuse to seat Burris.
UPDATE (12/31, 9:12 a.m.): From the New York Times (emphasis added):
While senators in Washington weighed their options, it was uncertain how efforts here to block the appointment would proceed. Jesse White, the Illinois secretary of state, said he would refuse to sign paperwork that Mr. Blagojevich must present to the Senate offering Mr. Burris’s appointment. Still, after Mr. White’s lawyers scanned the legal precedents on the question, there appeared to be no statutory requirement that Mr. White’s signature be included, his spokesman said, so the move seemed likely to be mostly symbolic.
UPDATE II (12/31, 1:40 p.m.): Today, White officially rebuffed the request from the governor's office that he sign the certificate. From the Tribune:
On Tuesday, White spokesman David Druker said the secretary of state's office doesn't believe White's refusal to sign the document would have any practical impact on Blagojevich's appointment of Burris.
"We feel the governor can still take the appointment to the Senate," Druker said.
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