Illinois voters could pick 2 senators in same election - Appeals court rejects state bid to forgo special election for interim replacement

Illinois voters could pick 2 senators in same election - Appeals court rejects state bid to forgo special election for interim replacement
By Monique Garcia and Rick Pearson, Tribune reporters
Copyright © 2010, Chicago Tribune
9:30 p.m. CDT, July 22, 2010
http://www.chicagotribune.com/news/elections/ct-met-eight-week-senate-special-elec20100722,0,5035919.story


Illinois voters could end up voting twice for a U.S. senator on the Nov. 2 general election ballot, deciding on an interim replacement who would serve only a few weeks in office while also voting on a new senator to fill a six-year term that begins in January.

The dual-senator vote scenario became more likely Thursday after the 7th U.S. Circuit Court of Appeals rejected an appeal from state officials who questioned the expense and need for a special election to fill for eight weeks the seat now held by U.S. Sen. Roland Burris.

Burris was appointed to President Barack Obama's former Senate seat by disgraced former Gov. Rod Blagojevich just weeks after Blagojevich's Dec. 9, 2008, arrest on federal corruption charges, including allegations he tried to sell the Senate vacancy for personal and political profit.

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A federal lawsuit contended Blagojevich's successor, Gov. Pat Quinn, was obligated to call a special election for the Senate seat under state law but failed to do so. The federal courts agreed.

The appeals court declined to rehear the case Thursday, but it did give U.S. District Judge John Grady discretion to set the special election on the same day as the Nov. 2 general election. It also left open the question of whether a costly primary election is needed before the special election.

The ruling effectively means that voters could see two U.S. Senate contests on the Nov. 2 ballot: one to elect a senator to serve from Nov. 3 to Jan. 3 and one to elect a senator to serve for six years starting Jan.3.

Election officials and attorneys are looking at ways to avoid the expense of a special primary by allowing political parties to nominate candidates for the short-term Senate spot. But any method also would have to include a way for independent candidates to appear on the general election ballot.

Grady set a July 28 hearing on the matters.

"I'm sure the federal court is aware of the urgency of the situation," said Ken Menzel, an attorney for the Illinois State Board of Elections. "Everybody knows the election is Nov. 2, and you don't decide to do something the night before and have it done. The court is well-aware of the situation and it will rule in its wisdom."

Attorney General Lisa Madigan's office said a decision on any further appeals will depend on the District Court's ruling.

"All of these issues are under discussion in the District Court," said Madigan spokeswoman Robyn Ziegler. "We are working with the other parties as part of the process in the District Court, which will decide the appropriate next steps."

mcgarcia@tribune.com

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