The public does not like appointments to elected offices. Whether it’s a group of committeemen, the mayor of a city, or the governor -- the appointment process never seems or feels completely fair. For starters, the preliminary interviews and vetting typically occur behind closed doors. Prospective appointees advocate for the job, but only to those who control the appointment decision. The public might hear rhetoric about the criteria for the decision, but is left thinking that the rationale offered is little more than spin.
Normally, once the appointment has been made, there is some initial grumbling about the lack of public input in the process. And no more. But the recent allegations that Gov. Rod Blagojevich sought to sell an appointment to the U.S. Senate has changed the old political calculus about appointments.
Prominent Democrats, Republicans, and editorial boards have opined that this time the appointee should be elected rather than selected. I too have supported calls for a special election. And I continue to believe that a special election is the optimal solution for guaranteeing transparency and public accountability. But there is a considerable downside -- the cost. The bill for a statewide special election could reach $30 million. Not chump change at a time when the state has been forced to borrow upwards of $1 billion to pay its bills.
And that $30 million will have to come from somewhere. Maybe the money will siphoned from early childhood education, workforce development programs, or Medicaid providers.
There is another way. After I am sworn in next month as a member of the Illinois House, I will introduce a bill to create an alternative selection process.
Here’s how it works: The governor will retain the appointment power. However, the governor will be required to submit a message to the House and Senate naming the appointee along with his/her qualifications to serve in the United States Senate. A committee of the House and a committee of the Senate will conduct two public hearings, one in Chicago and one in Springfield, on the qualifications of the appointee. The House and Senate will then confirm the appointee through the adoption of a joint resolution.
The law will apply only to the Obama vacancy and will expire in two years.
The Illinois constitution requires the advice and consent of the Senate on most gubernatorial appointments. (The Legislative Inspector General, for instance, is selected through a resolution adopted by the Illinois House of Representatives and Senate.) In this case, it makes sense to add the approval of the vacant U.S. Senate seat to that list of responsibilities.
Committee hearings are open to the public; the public can testify, submit written testimony, etc. Likewise, floor debates are broadcast on the General Assembly’s website and are also open to the public. As a result, citizens could share their opinions with lawmakers regarding the appointment.
This alternative process is obviously not as democratic as an election. Nonetheless, it would be a dramatic improvement over current law, where one person decides, and the selection is made behind closed doors.
Will Burns is the state representative-elect in Illinois' 26th District.
Comments
WheelingDEM (not verified) on Mon, 12/29/2008 - 15:03
Interesting proposal. But why make this applicable only to the current situation? Why not require that all future U.S. Senate appointees in Illinois be similarly confirmed?
Sharon Raum (not verified) on Mon, 12/29/2008 - 16:54
I totally support this idea. Illinois can not afford a special election at this critically economic time in our history. The appointee only has a few months as Senator before it will be time to run for the office at the right time that that seat needs filled again. It isn't a long enough time to serve as Senator compared to the huge cost. Plus, I do not approve being without one Senator from Illinois for as long as it would take to have a special election. If the person would be able to serve a full term, then a special election makes sense but not for the short time that they will serve before they have to run again.
I want Illinois to have 2 Senators in January or February. President Obama needs to have 2 Senators from Illinois and so do the people of Illinois!!!!!!
Joshua (not verified) on Mon, 12/29/2008 - 19:18
Will, this is a thoughtful, creative solution. I admire your leadership on this tough issue. One point you didn't make in this editorial is that we're better off if this is filled right away because in the U.S. Senate, seniority matters. Also, Illinois deserves a full voice in the flurry of activity likely to take place in the first 100 days of the new administration. 2 questions: (1) do you think the 17th Amendment allows this approach? It specifically allows the legislature to give the governor appointment power, but doesn't mention this nomination/confirmation approach. (2) it seems this could be done informally, without passing a law (which would need Blago's signature). He could tell the ILGA who he intends to nominate, but first allow hearings to be held, the ILGA to vote on whether they support this pick, and then make the appointment. If he would sign the law, why wouldn't he do this? The informal approach avoids the 17th Amendment problem.
greg (not verified) on Wed, 12/31/2008 - 09:33
A thoughtful solution to an increasingly distressing situation. Thanks for your thoughts, and we'll see how the Legislature responds. Keep up the thoughtful leadership.
gk
chuck (not verified) on Sun, 01/04/2009 - 12:53
I am having difficulty understanding why the Governor's appointment (not certified by the Secretary of State) is being treated as a foregone conclusion. It would seem that the U.S. Senate could reject Mr. Burrus simply on the grounds that the appointment does not meet current Illinois law.
Also, I can find no exception in Illinois law regarding filling a vacancy in the U.S. Senate with filling any other vacancy in Illinois, which requires the consent of the Illinois legislature. The Governor is not the "king" of the state. He doesn't have unitary power to do this, does he?
Peggy Ann Griffin (not verified) on Wed, 01/07/2009 - 04:51
Please help save the State of Illinois from disruption of some media and some presumptive politicians. Your proposal may work in some future elections, but time does not allow for it now. Help the citizens of Illinois to have representation in the Senate right now. The Governor has not yet be legally displaced; therefore, his appointment of Roland Burris should stand. Please use your good office to insure that fraction among Democrats does not put power into the hands of the Republicans.
Notice also that your information has not been updated on the State of Illinois Website and on search engines. I had a dificult time finding you.
Peggy Ann Griffin, one of your constituents
jessica (not verified) on Sun, 01/11/2009 - 09:29
Constituent states: If one can change the law, it should address all actions not just
the present situation. vacancy will be defined by your bill if it is approved.
As it does not apply at the time the governor appointed Senator
Burris, do not disrespect our present law.
The appointment stands for when it was done it was legal.
The present House and Senate dropped the ball on this when they did not
create legislation on this aspect when the President elects vacated his seat.
You have been around a long time and you are well aware of how one can
be treated when they do not go along to get along, or they are not considered
on of the favored chosed, but that is another story and I will remain focused on
your present actions. Earning your spot was a long time coming and over due.
Present your bill and I hope it flies but it is a little late to disregard the legal
appoinment of the Governor to select Roland Burris.
I am glad you did not have to vote on impeach.
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