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Rod Blagojevich officially facing federal corruption charges


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QUOTE (mr_genius @ Dec 11, 2008 -> 09:41 AM)
So, is there going to be a special election to fill the vacant seat? Will Jessie Jackson Jr be the Democrat nominee?

 

Oh man, all the GOP would have to do is get a decent candidate in the race and they could very well win. But thats asking a lot of the Illinois GOP, remember the Alan Keys fiasco.

There are 2 things that could happen.

 

Either:

 

1. The Illinois legislature will pass a bill saying that the Senate seat will be decided by a special election rather than the governor's appointment. I have no idea if this will need the governor's signature or what the rules are on overriding a veto in Illinois.

 

2. Blago will officially resign at some point in the near future, his Lt. Gov will take over, and will name a Senator untouched by this controversy (i.e. Candidate #5 would be pretty much out) who will take the seat without much debate.

 

I think the first option is more likely, but that depends on the turnaround time of the Illinois Legislature. The one thing that will not happen is you will not have a Senator named by Blagojevich, because the Senate will refuse to seat him/her.

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QUOTE (Balta1701 @ Dec 11, 2008 -> 12:57 PM)
There are 2 things that could happen.

 

Either:

 

1. The Illinois legislature will pass a bill saying that the Senate seat will be decided by a special election rather than the governor's appointment. I have no idea if this will need the governor's signature or what the rules are on overriding a veto in Illinois.

 

2. Blago will officially resign at some point in the near future, his Lt. Gov will take over, and will name a Senator untouched by this controversy (i.e. Candidate #5 would be pretty much out) who will take the seat without much debate.

 

I think the first option is more likely, but that depends on the turnaround time of the Illinois Legislature. The one thing that will not happen is you will not have a Senator named by Blagojevich, because the Senate will refuse to seat him/her.

 

theres no way any Blago appointment would stick. Also anyone that would accept would be crazy.

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lol, the word-parsing in the national media and the blogosphere is silly. Seriously it would be craziness if the governor of a state had never spoken to one of his senators. That's their job. It'd be even crazier if they hadn't talked about replacements for the seat the senator resigned from, at least once. The only part that's out of the ordinary is the part about auctioning the seat. (not picking on you 2K5, I know where you stand)

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QUOTE (mr_genius @ Dec 11, 2008 -> 11:41 AM)
So, is there going to be a special election to fill the vacant seat? Will Jessie Jackson Jr be the Democrat nominee?

 

Oh man, all the GOP would have to do is get a decent candidate in the race and they could very well win. But thats asking a lot of the Illinois GOP, remember the Alan Keys fiasco.

 

If they could coax Jim Edgar to run, I have a good feeling he could win. Still, this is Illinois and people will blindly vote democrat no matter who is running (see Todd Stroger, Blago, Daley, Madigan etc..)

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QUOTE (MurcieOne @ Dec 11, 2008 -> 07:09 PM)
If they could coax Jim Edgar to run, I have a good feeling he could win. Still, this is Illinois and people will blindly vote democrat no matter who is running (see Todd Stroger, Blago, Daley, Madigan etc..)

?? before Blagojevich IL didn't have a Dem governor since 1977.

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QUOTE (lostfan @ Dec 12, 2008 -> 02:08 AM)
?? before Blagojevich IL didn't have a Dem governor since 1977.

 

Haha, he's naming a former republican governor of IL to prove that nobody ever votes anything but democrat.

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QUOTE (lostfan @ Dec 11, 2008 -> 07:08 PM)
?? before Blagojevich IL didn't have a Dem governor since 1977.

 

Yeah Chicago is the vast majority of what the state has population wise, and the suburbs are starting to lean further left in the last decade, but the rest of this state is VERY red. A race like governor is set up well for the GOP to get some power in this state, ESPECIALLY with the Blago fiasco. Obviously, the Ryan fiasco was bad too, but this almost looks worse in the sense Blago was caught while a sitting governor, plus it's fresh on people's minds.

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QUOTE (whitesoxfan101 @ Dec 11, 2008 -> 11:47 PM)
Yeah Chicago is the vast majority of what the state has population wise, and the suburbs are starting to lean further left in the last decade, but the rest of this state is VERY red. A race like governor is set up well for the GOP to get some power in this state, ESPECIALLY with the Blago fiasco. Obviously, the Ryan fiasco was bad too, but this almost looks worse in the sense Blago was caught while a sitting governor, plus it's fresh on people's minds.

 

Back in the early eighties when I was taking a political science class in Illinois, the prevailing wisdom was that a Dem needed a huge turnout in Chicago with 80-90% of the votes, 50-50 in the collar counties, then hold on for dear life downstate as the farm folk kicked their ass.

 

I wonder how much that has changed?

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QUOTE (Texsox @ Dec 12, 2008 -> 07:22 AM)
Back in the early eighties when I was taking a political science class in Illinois, the prevailing wisdom was that a Dem needed a huge turnout in Chicago with 80-90% of the votes, 50-50 in the collar counties, then hold on for dear life downstate as the farm folk kicked their ass.

 

I wonder how much that has changed?

State and local elections can be totally different beasts from national elections as well. They really do turn a lot of times on local issues.

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QUOTE (NorthSideSox72 @ Dec 12, 2008 -> 01:43 PM)
I can't see TV here, but supposedly Lisa Madigan is doing a presser right now, saying she is making a motion with the IL Supreme Court to remove Blago from office. Suit filed on behalf of the people of IL.

Lisa Madigan is my hero.

 

Link to story about motion filed by Madigan.

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Fairly long (2 page) Washington Post article detailing Obama and Blagojevich's relationship. Nothing all of us here don't already know because we're all from IL, but it's refreshing to see the national media actually doing research instead of just hysterical speculation.

http://www.washingtonpost.com/wp-dyn/conte...8121103936.html

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QUOTE (Soxy @ Dec 12, 2008 -> 12:50 PM)

 

Random Lisa Madigan tidbit: I was channel surfing a while ago (maybe over a year ago) and saw her and her husband featured on a travel channel show. They were being interviewed at their honeymoon destination proving their opinion/feedback of the place and the caption beneath her said "Lisa Madigan, State Attorney General". I think they were in Italy if I recall correctly.

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Im reading the pleadings and Im not sure that legally they have a leg to stand on.

 

Madigan is arguing that under Article 5 of the Illinois Constitution the Supreme Court has jurisdiction.

 

No where in Article 5 does it say this:

 

ARTICLE V

THE EXECUTIVE

 

SECTION 1. OFFICERS

The Executive Branch shall include a Governor, Lieutenant

Governor, Attorney General, Secretary of State, Comptroller

and Treasurer elected by the electors of the State. They

shall keep the public records and maintain a residence at the

seat of government during their terms of office.

(Source: Illinois Constitution.)

 

 

SECTION 2. TERMS

These elected officers of the Executive Branch shall hold

office for four years beginning on the second Monday of

January after their election and, except in the case of the

Lieutenant Governor, until their successors are qualified.

They shall be elected at the general election in 1978 and

every four years thereafter.

(Source: Illinois Constitution.)

 

 

SECTION 3. ELIGIBILITY

To be eligible to hold the office of Governor, Lieutenant

Governor, Attorney General, Secretary of State, Comptroller

or Treasurer, a person must be a United States citizen, at

least 25 years old, and a resident of this State for the

three years preceding his election.

(Source: Illinois Constitution.)

 

 

SECTION 4. JOINT ELECTION

In the general election for Governor and Lieutenant

Governor, one vote shall be cast jointly for the candidates

nominated by the same political party or petition. The

General Assembly may provide by law for the joint nomination

of candidates for Governor and Lieutenant Governor.

(Source: Illinois Constitution.)

 

 

SECTION 5. CANVASS - CONTESTS

The election returns for executive offices shall be

sealed and transmitted to the Secretary of State, or other

person or body provided by law, who shall examine and

consolidate the returns. The person having the highest number

of votes for an office shall be declared elected. If two or

more persons have an equal and the highest number of votes

for an office, they shall draw lots to determine which of

them shall be declared elected. Election contests shall be

decided by the courts in a manner provided by law.

(Source: Illinois Constitution.)

 

 

SECTION 6. GUBERNATORIAL SUCCESSION

(a) In the event of a vacancy, the order of succession

to the office of Governor or to the position of Acting

Governor shall be the Lieutenant Governor, the elected

Attorney General, the elected Secretary of State, and then as

provided by law.

(B) If the Governor is unable to serve because of death,

conviction on impeachment, failure to qualify, resignation or

other disability, the office of Governor shall be filled by

the officer next in line of succession for the remainder of

the term or until the disability is removed.

© Whenever the Governor determines that he may be

seriously impeded in the exercise of his powers, he shall so

notify the Secretary of State and the officer next in line of

succession. The latter shall thereafter become Acting

Governor with the duties and powers of Governor. When the

Governor is prepared to resume office, he shall do so by

notifying the Secretary of State and the Acting Governor.

(d) The General Assembly by law shall specify by whom

and by what procedures the ability of the Governor to serve

or to resume office may be questioned and determined. The

Supreme Court shall have original and exclusive jurisdiction

to review such a law and any such determination and, in the

absence of such a law, shall make the determination under

such rules as it may adopt.

(Source: Illinois Constitution.)

 

 

SECTION 7. VACANCIES IN OTHER ELECTIVE OFFICES

If the Attorney General, Secretary of State, Comptroller

or Treasurer fails to qualify or if his office becomes

vacant, the Governor shall fill the office by appointment.

The appointee shall hold office until the elected officer

qualifies or until a successor is elected and qualified as

may be provided by law and shall not be subject to removal by

the Governor. If the Lieutenant Governor fails to qualify or

if his office becomes vacant, it shall remain vacant until

the end of the term.

(Source: Illinois Constitution.)

 

 

SECTION 8. GOVERNOR - SUPREME EXECUTIVE POWER

The Governor shall have the supreme executive power, and

shall be responsible for the faithful execution of the laws.

(Source: Illinois Constitution.)

 

 

SECTION 9. GOVERNOR - APPOINTING POWER

(a) The Governor shall nominate and, by and with the

advice and consent of the Senate, a majority of the members

elected concurring by record vote, shall appoint all officers

whose election or appointment is not otherwise provided for.

Any nomination not acted upon by the Senate within 60 session

days after the receipt thereof shall be deemed to have

received the advice and consent of the Senate. The General

Assembly shall have no power to elect or appoint officers of

the Executive Branch.

(B) If, during a recess of the Senate, there is a

vacancy in an office filled by appointment by the Governor by

and with the advice and consent of the Senate, the Governor

shall make a temporary appointment until the next meeting of

the Senate, when he shall make a nomination to fill such

office.

© No person rejected by the Senate for an office

shall, except at the Senate's request, be nominated again for

that office at the same session or be appointed to that

office during a recess of that Senate.

(Source: Illinois Constitution.)

 

 

SECTION 10. GOVERNOR - REMOVALS

The Governor may remove for incompetence, neglect of

duty, or malfeasance in office any officer who may be

appointed by the Governor.

(Source: Illinois Constitution.)

 

 

SECTION 11. GOVERNOR - AGENCY REORGANIZATION

The Governor, by Executive Order, may reassign functions

among or reorganize executive agencies which are directly

responsible to him. If such a reassignment or reorganization

would contravene a statute, the Executive Order shall be

delivered to the General Assembly. If the General Assembly is

in annual session and if the Executive Order is delivered on

or before April 1, the General Assembly shall consider the

Executive Order at that annual session. If the General

Assembly is not in annual session or if the Executive Order

is delivered after April 1, the General Assembly shall

consider the Executive Order at its next annual session, in

which case the Executive Order shall be deemed to have been

delivered on the first day of that annual session. Such an

Executive Order shall not become effective if, within 60

calendar days after its delivery to the General Assembly,

either house disapproves the Executive Order by the record

vote of a majority of the members elected. An Executive Order

not so disapproved shall become effective by its terms but

not less than 60 calendar days after its delivery to the

General Assembly.

(Source: Illinois Constitution.)

 

 

SECTION 12. GOVERNOR - PARDONS

The Governor may grant reprieves, commutations and

pardons, after conviction, for all offenses on such terms as

he thinks proper. The manner of applying therefore may be

regulated by law.

(Source: Illinois Constitution.)

 

 

SECTION 13. GOVERNOR - LEGISLATIVE MESSAGES

The Governor, at the beginning of each annual session of

the General Assembly and at the close of his term of office,

shall report to the General Assembly on the condition of the

State and recommend such measures as he deems desirable.

(Source: Illinois Constitution.)

 

 

SECTION 14. LIEUTENANT GOVERNOR - DUTIES

The Lieutenant Governor shall perform the duties and

exercise the powers in the Executive Branch that may be

delegated to him by the Governor and that may be prescribed

by law.

(Source: Illinois Constitution.)

 

 

SECTION 15. ATTORNEY GENERAL - DUTIES

The Attorney General shall be the legal officer of the

State, and shall have the duties and powers that may be

prescribed by law.

(Source: Illinois Constitution.)

 

 

SECTION 16. SECRETARY OF STATE - DUTIES

The Secretary of State shall maintain the official

records of the acts of the General Assembly and such official

records of the Executive Branch as provided by law. Such

official records shall be available for inspection by the

public. He shall keep the Great Seal of the State of Illinois

and perform other duties that may be prescribed by law.

(Source: Illinois Constitution.)

 

 

SECTION 17. COMPTROLLER - DUTIES

The Comptroller, in accordance with law, shall maintain

the State's central fiscal accounts, and order payments into

and out of the funds held by the Treasurer.

(Source: Illinois Constitution.)

 

 

SECTION 18. TREASURER - DUTIES

The Treasurer, in accordance with law, shall be

responsible for the safekeeping and investment of monies and

securities deposited with him, and for their disbursement

upon order of the Comptroller.

(Source: Illinois Constitution.)

 

 

SECTION 19. RECORDS - REPORTS

All officers of the Executive Branch shall keep accounts

and shall make such reports as may be required by law. They

shall provide the Governor with information relating to their

respective offices, either in writing under oath, or

otherwise, as the Governor may require.

(Source: Illinois Constitution.)

 

 

SECTION 20. BOND

Civil officers of the Executive Branch may be required by

law to give reasonable bond or other security for the

faithful performance of their duties. If any officer is in

default of such a requirement, his office shall be deemed

vacant.

(Source: Illinois Constitution.)

 

 

SECTION 21. COMPENSATION

Officers of the Executive Branch shall be paid salaries

established by law and shall receive no other compensation

for their services. Changes in the salaries of these officers

elected or appointed for stated terms shall not take effect

during the stated terms.

(Source: Illinois Constitution.)

 

 

 

In fact if I was the Governor I would move for summary judgment as it explicitly states the only way the governor may be removed:

 

SECTION 6. GUBERNATORIAL SUCCESSION

(a) In the event of a vacancy, the order of succession

to the office of Governor or to the position of Acting

Governor shall be the Lieutenant Governor, the elected

Attorney General, the elected Secretary of State, and then as

provided by law.

(B) If the Governor is unable to serve because of death,

conviction on impeachment, failure to qualify, resignation or

other disability, the office of Governor shall be filled by

the officer next in line of succession for the remainder of

the term or until the disability is removed.

© Whenever the Governor determines that he may be

seriously impeded in the exercise of his powers, he shall so

notify the Secretary of State and the officer next in line of

succession. The latter shall thereafter become Acting

Governor with the duties and powers of Governor. When the

Governor is prepared to resume office, he shall do so by

notifying the Secretary of State and the Acting Governor.

(d) The General Assembly by law shall specify by whom

and by what procedures the ability of the Governor to serve

or to resume office may be questioned and determined. The

Supreme Court shall have original and exclusive jurisdiction

to review such a law and any such determination and, in the

absence of such a law, shall make the determination under

such rules as it may adopt.

(Source: Illinois Constitution.)

 

As you can see it explicitly states the way for the governor to be considered "unable to serve".

 

This pleading is nothing more than a political move, I cant imagine the Supreme Court buying into her "disabled" argument.

 

 

 

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QUOTE (Soxbadger @ Dec 12, 2008 -> 03:43 PM)
Im reading the pleadings and Im not sure that legally they have a leg to stand on.

 

Madigan is arguing that under Article 5 of the Illinois Constitution the Supreme Court has jurisdiction.

 

No where in Article 5 does it say this:

 

 

 

 

 

In fact if I was the Governor I would move for summary judgment as it explicitly states the only way the governor may be removed:

 

 

 

As you can see it explicitly states the way for the governor to be considered "unable to serve".

 

This pleading is nothing more than a political move, I cant imagine the Supreme Court buying into her "disabled" argument.

 

interesting

 

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QUOTE (Soxbadger @ Dec 12, 2008 -> 03:43 PM)
Im reading the pleadings and Im not sure that legally they have a leg to stand on.

 

Madigan is arguing that under Article 5 of the Illinois Constitution the Supreme Court has jurisdiction.

 

No where in Article 5 does it say this:

 

 

 

 

 

In fact if I was the Governor I would move for summary judgment as it explicitly states the only way the governor may be removed:

 

 

 

As you can see it explicitly states the way for the governor to be considered "unable to serve".

 

This pleading is nothing more than a political move, I cant imagine the Supreme Court buying into her "disabled" argument.

Section 6 Part D as a blanket power of IL SC to determine the legal definition of any descriptive term in Section 6, as applied to any particular case.

 

In other words, if IL SC feels that Gov is "disabled" as it pertains to execution of office, then they may go down the ladder in succession.

 

But I think you are right, its a stretch.

 

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QUOTE (NorthSideSox72 @ Dec 12, 2008 -> 04:46 PM)
Section 6 Part D as a blanket power of IL SC to determine the legal definition of any descriptive term in Section 6, as applied to any particular case.

 

In other words, if IL SC feels that Gov is "disabled" as it pertains to execution of office, then they may go down the ladder in succession.

 

But I think you are right, its a stretch.

But what it does do is possibly neuter the Governor so that he can't really do that much to hurt the state while he's facing an additional court case challenging his power to do anything. That could buy time for the state legislature to start an impeachment procedure.

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QUOTE (Balta1701 @ Dec 12, 2008 -> 07:14 PM)
But what it does do is possibly neuter the Governor so that he can't really do that much to hurt the state while he's facing an additional court case challenging his power to do anything. That could buy time for the state legislature to start an impeachment procedure.

He's got a 7% approval rating now. He's as neutered as he can possibly be and still hold office.

 

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