Progress Illinois

As I wrote last night, I'm not convinced that Secretary of State Jesse White's refusal to certify the appointment of Roland Burris to the U.S. Senate has the effect of blocking it.  But apparently Burris and his legal team aren't leaving anything to chance.  The Tribune is reporting that they petitioned the Supreme Court to force White to certify the appointment by an "order of mandamus."  Here's the critical section from the filing:

Pursuant to 10 ILCS 5/25-8 and the 17th Amendment to the United States Constitution, Mr. Burris' appointment as United States Senator is effective immediately and there is no need for further confirmation by any other official from the State of Illinois, including but not limited to, Secretary White.  Nevertheless, 15 ILCS 305/5 5(1) requires the Secretary of State to "sign and affix the seal of the State to all commissions required by law to be issued by the governor."  Accordingly, Secretary White is required to exercise these duties with respect to Mr. Burris' appointment.  His failure to do so may cast doubt in the minds of the public as to the legitimacy of Mr. Burris' appointment, all to Petitioners' damage and in derogation of their rights.

In short, Burris acknowledges that there is no requirement under federal law that the certificate be approved by the secretary of state.  But out of concern that White's refusal "may cast doubt ... as to the legitimacy of Mr. Burris' appointment," they are attempting to force his hand anyway.  We'll have to wait and see if that flies with the state's high court.

Read the full filing below (click the button in the upper right corner to expand):