Ill. high court rejects, helps Burris

SPRINGFIELD, Ill., Jan. 9 (UPI) -- Illinois' high court ruled Friday Roland Burris did not need the signature of the state secretary of state to take his U.S. Senate seat.

At the same time, the court said the secretary of state had no obligation to certify Burris' appointment to the Senate.

Burris was appointed to the empty Senate seat of President-elect Barack Obama by Gov. Rod Blagojevich. But Blagojevich has been charged in federal court with, among other counts, trying to sell the vacant seat for personal gain. Burris has not been implicated in the charges.

However, U.S. Senate leaders have been reluctant to seat Burris because of the Blagojevich charges, citing among other things the refusal of the state Secretary of State Jesse White to sign the appointment document.

Burris had asked the Illinois Supreme Court to issue a writ forcing White to sign the document.

But in the opinion issued Friday, the state high court said, "Because the secretary of state had no duty under (state law) to sign and affix the state seal to the document issued by the governor appointing Roland Burris to the United States Senate, (Burris and fellow petitioners) are not entitled to an order from this court requiring the secretary to perform those acts."

The court pointed out that under "the (state) Secretary of State Act, the secretary's sole responsibility was to register the appointment ... which he did. No further action is required by the secretary of state or any other official to make the governor's appointment of Roland Burris to the United States Senate valid under Illinois law."

However, "Where the issuance of a (secretary of state) commission is not made by law a necessary part of the appointment, the appointment is complete when the appointing officer makes his choice."

The opinion added that "no provision of law makes issuance of a commission necessary for the validity of a gubernatorial appointee to a United States Senate vacancy, no commission was required by law to effectuate the appointment of Mr. Burris to the United States Senate."