Rod Blagojevich once observed that the Illinois governor’s power to appoint someone to a vacant U.S. Senate seat was “[bleeping] golden.”
Last week, as testimony wrapped up in Blagojevich’s federal corruption retrial, the U.S. Supreme Court had its say on that “[bleeping] golden” opportunity.
High court justices let stand a legal ruling by a federal appeals court judge that, any time there is a vacant U.S. Senate seat in Illinois, a special election must be held to fill it.
No more appointments by one person, but a mass “appointment” made by all the people, is what the law now requires, as interpreted by the federal judiciary.
We note that the appointment process had not caused much trouble in the past.
Before Barack Obama resigned his Senate seat in 2008 to become president, the previous appointment went smoothly.
Ten days after Sen. Everett Dirksen died in 1969, Gov. Richard Ogilvie appointed Illinois House Speaker Ralph Tyler Smith to the post (all were Republicans). In a special election the following year, Smith was beaten by Democrat Adlai Stevenson III.
In the hands of a wise and judicious governor, the appointment process worked.
But Blagojevich had neither quality. His apparent attempts to trade the Senate seat for something of value exposed the process’s flaws.
Rather than allow the subversion of democracy to continue, the men and women in the black robes stepped in.
In response to a federal lawsuit, a judge ordered a special election for Nov. 2, 2010 – 22 months after Blagojevich’s controversial Senate appointee, Roland Burris, took office. The special election ousted Blagojevich’s choice and put in the people’s choice, Mark Kirk.
But appeals by Burris and Gov. Pat Quinn continued until last week, when the Supreme Court dismissed them.
The change will have a price. Illinois has few regularly scheduled elections. In even-numbered years, people vote in March and November. In odd years, they vote in April. That’s it.
If a Senate seat becomes vacant, say, in May of an odd year, the next regular election wouldn’t be for 10 months. A special election would have to be scheduled, which potentially could cost taxpayers a lot of money.
We suggest to election authorities that they consider new methods, supported by appropriate legislation, to streamline the special election process.
Other states have vote-by-mail and online elections. Such procedures, perfected elsewhere, could be brought to Illinois.
It is correct to remove “[bleeping] golden” appointment power from the governor, but leaders must minimize the cost in taxpayers’ “gold” as well.