Expert says Senate likely to seat Burris

Published: Jan. 7, 2009 at 10:58 PM

CHAMPAIGN, Ill., Jan. 7 (UPI) -- U.S. Senate leaders have little choice but to accept the pick by Illinois' embattled governor for President-elect Barack Obama's Senate seat, an expert says.

University of Illinois Professor Andrew Leipold said in a statement Wednesday he was not surprised by moves to accept Roland Burris as the state's junior senator once questions surrounding paperwork required for his appointment are resolved.

"It would be an extraordinary step to deny a senator who has been appointed according to the rules," said Leipold, a law professor who specializes in constitutional law. "Assuming everything is done correctly, it would be a surprise if the Senate doesn't ultimately seat Mr. Burris."

Leipold said it remains unclear whether Illinois Secretary of State Jesse White's signature is needed for Burris to take the seat. The question has been put to the state Supreme Court.

Gov. Rod Blagojevich's has been accused by federal prosecutors of trying to sell Obama's former Senate seat in exchange for political favors. Critics say any appointment made by him would be tainted. Leipold said that alone does not bar the governor from making an appointment.

"The governor is still the governor, and he still has the power to make the appointment," Leipold said. "The Legislature didn't take that away."

© 2009 United Press International, Inc. All Rights Reserved.
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