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* From an Attorney General Lisa Madigan press release…
The State now faces two issues relating to the Office of the Comptroller. First, the Office of the Comptroller is vacant due to the passing of the sitting officeholder. Second, because Comptroller Topinka was also the Comptroller-elect, her passing leaves the State without a Comptroller-elect who can begin serving as Comptroller when the new term begins January 12, 2015.
The legal analysis of these issues is based on a review of the Illinois Constitution and statutes, as well as the official documents related to the adoption of the Constitution. These documents include the official information distributed to the voters, the explanation provided by the committees that drafted the provisions, and the comments of the Constitutional Convention’s delegates.
The language of the Constitution and the official documents related to its adoption address both of the issues.
Article V, section 7 states:
If the Attorney General, Secretary of State, Comptroller or Treasurer fails to qualify or if his office becomes vacant, the Governor shall fill the office by appointment. The appointee shall hold office until the elected officer qualifies or until a successor is elected and qualified as may be provided by law and shall not be subject to removal by the Governor.
As this language makes clear, the Constitution details two distinct scenarios in which the Governor is authorized to fill the Office of Comptroller with an appointee – when the Comptroller-elect “fails to qualify” and when the Comptroller’s “office becomes vacant.” An officer-elect, such as the Comptroller-elect, “fails to qualify” to begin serving in office when, for example, he or she is unable to take the oath of office.
In addition to the language of section 7 of the Constitution, it is clear from the report of the committee drafting this section and the debates of the delegates that they considered a failure to qualify for an office to be separate and apart from a vacancy in office. The committee report and debates establish that the drafters specifically anticipated and directly addressed the unfortunate situation the state faces with the passing of the incumbent Comptroller who is also the Comptroller-elect by adding the phrase “fails to qualify” to section 7 and, as a result, authorizing the Governor to make an appointment.
Based on the language in the Constitution and the discussion during the drafting, it is my conclusion that a vacancy takes place when an officer is serving in the office and can no longer continue to do so, such as here, where the Comptroller has passed away while in office. A failure to qualify, on the other hand, will not occur until an officer-elect cannot be sworn in and thus qualify to begin serving.
Thus, the death of Comptroller Topinka creates a vacancy that the Constitution authorizes Governor Quinn to fill.
Because Judy Baar Topinka was also the Comptroller-elect, she will not be able to take the oath of office on January 12, 2015. As a result, on that date she will fail to qualify to serve as Comptroller. At that time, the sitting Governor – current Governor-elect Rauner – will be authorized by the Constitution to appoint a successor to hold the office.
Although the current vacancy in the Comptroller’s office and the anticipated failure of the Comptroller-elect to qualify to begin serving in office on January 12, 2015, are both the result of the passing of Judy Baar Topinka, the Constitution treats them as separate events – one occurring immediately in the passing of the current Comptroller and the other occurring when the Comptroller-elect will be unable to be sworn into office and qualify to begin serving the term that starts on January 12, 2015. In each case, the sitting Governor has the authority to make an appointment to fill the Office of Comptroller. In this situation, Governor Quinn has the authority to fill the current vacancy and Governor-elect Rauner, once he is sworn into office, will have the authority to make an appointment to fill the Comptroller’s office due to the failure of the Comptroller-elect to qualify.
Further, while the current law allows an unelected Comptroller to serve in office for four years without the approval of Illinois voters, it is a fundamental principle in a democracy that the people should elect the officers who represent them. Although the drafters of the 1970 Constitution provided that the Governor should fill the office of Comptroller with an appointee in certain circumstances, they also recognized and ensured that the General Assembly could choose to provide by law for a special election when an appreciable time remains in an uncompleted term.
The State is now facing the undemocratic circumstance in which an appointee could serve the Comptroller’s full four-year term, notwithstanding that there is a statewide election in 2016 that could provide the voters with the opportunity to elect a successor to serve half of the term.
I urge Governor Quinn, Governor-Elect Rauner, the legislative leaders and the members of the General Assembly to support and move forward with a new law allowing the people of Illinois to vote, at the next regularly scheduled statewide election in 2016, to determine who will serve as Comptroller until the 2018 election.
* One of the arguments AG Madigan makes is that the old state constitution was changed to address this very issue. Click here and read pages 6-8 and 13 (Wayne Whalen’s commentary at the bottom of that page) for more info.
*** UPDATE 1 *** I asked Gov. Pat Quinn’s office for a response. It ain’t much, but here it is…
The Governor appreciates the Attorney General’s counsel and is reviewing it.
*** UPDATE 2 *** From Gov.-elect Bruce Rauner…
“It is unfortunate we are even having this discussion less than a week following Judy’s death - now is a time we should be honoring her legacy.”
“I appreciate Attorney General Madigan’s thoughtful and thorough review of this matter. There is now clear bi-partisan agreement that the legal question is settled: there are two appointments – one to fulfill the remainder of Comptroller Topinka’s term and another to fulfill the term to which Judy was elected on November 4th.”
“With less than a month remaining in the current term, I continue to believe the best course of action for the people of Illinois is to maintain continuity in the office and respect the wishes of the Topinka family.”
*** UPDATE 3 *** From House Republican Leader Jim Durkin…
“We are pleased that the Attorney General’s legal analysis is in line with what Governor-Elect Rauner and I’ve been saying over the past several days that there must be two appointments for comptroller. Thanks to the quick response by Attorney General Lisa Madigan. We can now put this question behind us and instead honor the achievements and extraordinary life of Judy Baar Topinka.”
*** UPDATE 4 *** From Senate President John Cullerton…
Illinois suffered a terrible loss with the passing of Judy Baar Topinka. In the wake of this tragedy, we face unprecedented challenges regarding the fiscal future of the state and the leadership of the comptroller’s office. Even as we continue to mourn, we are compelled to consider the appropriate action to fill the vacancy she left.
There is a clear legal dispute with many unresolved questions about the appointment authority of Governor Quinn and Governor-elect Rauner. This will undoubtedly be litigated. That reality, shouldn’t stop us from recognizing the fact that voters should be allowed to elect a comptroller of their choosing in 2016. We need a special session to immediately consider legislation for a special election.
Legislative action can ensure that under certain circumstances the people of this state have the opportunity to elect constitutional officers of their choosing in a no cost manner that is consistent with special elections for Illinois senators. I trust that the legislature can honor Comptroller Topinka’s memory and the will of the voters as we approach these constitutional questions in a very sensitive time.
*** UPDATE 5 *** Senate Republican Leader Christine Radogno…
“The Attorney General’s legal analysis should be the definitive end to any debate. Two appointments are necessary to fulfill the unexpired term and the upcoming term of our beloved Comptroller Judy Baar Topinka. This confirms the internal review we conducted last week. Governor Quinn has the authority and responsibility to choose a successor for the current unexpired term. Governor-elect Rauner, upon taking office on January 12, has the authority and responsibility to name the Comptroller for the complete four-year term.”
posted by Rich Miller
Monday, Dec 15, 14 @ 10:18 am
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And Quinn loses again
Comment by so... Monday, Dec 15, 14 @ 10:24 am
Makes sense.
Comment by Just Observing Monday, Dec 15, 14 @ 10:27 am
Appears to be sound analysis to me up to the last three paragraphs where it acknowledges that a four year appointment is proper, but then drifts into advocacy. As for me I don’t really care either way if there’s a 2016 special election or a 4 year appointment.
Comment by Ron Burgundy Monday, Dec 15, 14 @ 10:27 am
===and the anticipated failure of the Comptroller-elect to qualify to begin serving in office ===
You just have to love the way lawyers always try to cover themselves, “anticipated”? I can’t say its amusing under the circumstances but it was an odd statement.
Comment by Been There Monday, Dec 15, 14 @ 10:29 am
@so:
How, specifically, does Quinn “lose again”?
Comment by Del Clinkton Monday, Dec 15, 14 @ 10:29 am
1. Quinn appoints someone through end of current term
2. Rauner picks someone through 2016
3. 2016 someone elected to fill rest of term.
why is this so hard?
Comment by Shore Monday, Dec 15, 14 @ 10:29 am
Sounds reasonable. The drafters at the last Constitutional Convention expected a special election but the legislature failed to deal with it.
Comment by Downstate Illinois Monday, Dec 15, 14 @ 10:31 am
Works for me.
– so, has Quinn said or done anything publicly on this question? Did he call a press conference hours after JBTs death to assert some entitlement to fill her job?
Comment by Wordslinger Monday, Dec 15, 14 @ 10:32 am
Hopefully this settles the issue and Quinn doesn’t try to be creative and/or challenge the ruling.
Comment by cassiopeia Monday, Dec 15, 14 @ 10:33 am
Good recommendation. How do we get it done?
Comment by PublicServant Monday, Dec 15, 14 @ 10:34 am
Very smart & well done on all points. Impressive piece of work.
Comment by The Historian Monday, Dec 15, 14 @ 10:34 am
What I posted Friday on this site on this topic;
“There are two terms here, Comptroller 2011-2015, and Comptroller 2015-2019. There is one vacancy now (2011-2015) from an unfortunate death. That same death will create another vacancy on January 12, 2015 for a NEW term. Since the new term starts on 1/12/15, it cannot yet be considered vacant. I know that may sound odd, but that 1/12/15 date is important here. The vacancy will occur when the oath of office cannot be administered to anyone present on 1/12/15. The qualification for that office and the ability to serve starts on 1/12/15 for the NEW term. Clearly, the person elected to serve on 1/12/15 will not have the ability to serve on that date.
“Those wishing for a single long term appointment by Quinn are blurring the above reality to reach that result. Two positions, two terms, two vacancies. Declaring something “vacant” before the vacancy actually occurs will not legally fly in my opinion.
“The adults in the room seem to agree that Quinn can and should appoint someone to serve as comptroller to finish the term ending 1/11/15. The newly sworn into office Governor Rauner would then appoint a comptroller for the new term, since Quinn would be out of office at that time.
“Can the legislature call for a special election in the absence of any language to the contrary for this position? That should be Monday’s question of the day.”
Sounds similar to that of AG Madigan on this topic. As to the last paragraph, can the legislature enact something to shorten the term of office of the 1/12/2015 appointee? My initial hunch would be “yes” but then again, such legislation may fly in the face of the language of the Constitutional language that applies to this situation, and may also require a constitutional amendment. If the amendment cannot be placed on the ballot until 11/2016, then it can’t take effect until the election of 11/2018.
My druthers is to fix the situation anyway in spite of the calendar obstacles, so that there is some clarity for the future. It will spare us a lot of unnecessary drama in the future.
Comment by Louis G Atsaves Monday, Dec 15, 14 @ 10:35 am
I am very pleased by this interpretation and thoughtful examination of law and intent.
I still feel as I thought with the QOTD;
Quinn should be thoughtful and appoint a caretaker that would, in these last few weeks, ensure the work that needs to be done is completed.
As for the 2nd appointment, I would hope as thoughtful as Quinn should be in a caretaker, Governor Rauner would strongly consider what this appointment means insofar as this person will never be able to BE Judy Baar Topinka, but Governor Rauner strongly consider that the appointment should be embraced by the Comptroller Family that Judy Baar Topinka embraced herself.
If the 2nd appointment is embraced by thise who were closest to Judy Baar Topinka, I would like that appointment to be made.
Comment by Oswego Willy Monday, Dec 15, 14 @ 10:35 am
First two steps probably a done deal, which both Quinn and Rauner will do.
The third step (inclusion in the 2016 election) is a recommendation based on principle, not on specific Constitutional language, and back in the GA’s court. Time later to argue that one.
Comment by walker Monday, Dec 15, 14 @ 10:36 am
This is spot on. Question for people smarter than me.
Does a special session need to be held for a 2016 election before Rauner makes a new appointment? I’m wondering if there are any legal issues with passing a law that changes the term of the appointed Comptroller after they’ve been selected and sworn in.
Comment by Rahm'sMiddleFinger Monday, Dec 15, 14 @ 10:38 am
@Been There — Interesting catch.. yea… kinda odd.
Comment by Just Observing Monday, Dec 15, 14 @ 10:39 am
Sounds reasonable. I still say Quinn should appoint the most qualified republican that Bruce Rauner hates.
Comment by Ducky LaMoore Monday, Dec 15, 14 @ 10:39 am
===Hopefully this settles the issue and Quinn doesn’t try to be creative===
lol
Comment by Rich Miller Monday, Dec 15, 14 @ 10:40 am
Actually I hear that every Quinn Fellow will get to have the job for 4 hours so they can add it to their resume…
Comment by OneMan Monday, Dec 15, 14 @ 10:41 am
Also, put the question to the voters to amend the constitution to combine the Treasurer and Comptroller office before a special election while there is no elected comptroller, then a special election may not be necessary. Is that a possibility?
Comment by D.P.Gumby Monday, Dec 15, 14 @ 10:42 am
I had said one appointment and please hold a special election like done for the US Senate. That’s what I get for not being more familiar with the background of the Constitution of 1970. Does anyone have a web address for those materials?
Comment by Anyone Remember Monday, Dec 15, 14 @ 10:43 am
Will Rauner oppose a 2016 Special Election?
Comment by PublicServant Monday, Dec 15, 14 @ 10:43 am
I hate it when the AG is a better lawyer than I am.
Comment by Soccermom Monday, Dec 15, 14 @ 10:43 am
This just in: Quinn’s attorney’s appeal the AG decision to whoever will listen.
Comment by Soccertease Monday, Dec 15, 14 @ 10:44 am
Ducky LaMoore
One of his primary opponents, perhaps?
Comment by Anyone Remember Monday, Dec 15, 14 @ 10:44 am
Good.
This makes sense.
Comment by VanillaMan Monday, Dec 15, 14 @ 10:46 am
Roland Burris come on back.
More tombstone etching would be required, however.
Comment by Frenchie Mendoza Monday, Dec 15, 14 @ 10:47 am
I still think “The appointee shall hold office until the elected officer qualifies or until a successor is elected and qualified…” makes this as clear as mud. I’m glad we have an AG and four GA counsels who all agree on this.
It should not matter who Quinn appoints, they should keep the current staff in place until Jan 12.
Comment by Pot calling kettle Monday, Dec 15, 14 @ 10:50 am
I was hoping the debate records addressed the point, and suspected it would say something similar, but didn’t expect it to be as clear and on point as it looks to be.
Comment by Anonymoiis Monday, Dec 15, 14 @ 10:51 am
@Anyone Remember
I was hoping Rutherford would endorse Quinn after the whole ordeal during the primary. If he would have, and Quinn still lost the general, he would be Comptroller.
Comment by Ducky LaMoore Monday, Dec 15, 14 @ 10:52 am
Missed the relevant convention references. Then again, I didn’t feel like spending too much time on the subject.
Given the fun debates over the last week, I’d have say that Mr. Whalen was wrong when he said their changes would clarify the issue.
Comment by Norseman Monday, Dec 15, 14 @ 10:52 am
I’m pleased to see this response because of the tremendous amount of common sense and respect for precedence in similar instances. This is precisely what I believed should happen from my reading of the text of the Constitution as well. Not being a lawyer may have helped me a bit with the common sense part.
I hope this is precisely what happens.
Comment by A guy... Monday, Dec 15, 14 @ 10:54 am
==If he would have, and Quinn still lost the general, he would be Comptroller.==
He is still the Treasurer for the time Quinn has power to appoint
Comment by Anonymoiis Monday, Dec 15, 14 @ 10:55 am
With so little time left before Jan. 12 — JBT’s COS seems like the most logical, practical choice. Although I could see Quinn appointing Vallas or another top aide.
It seems like Rauner’s likely choice will be Cross.
Comment by Just Observing Monday, Dec 15, 14 @ 10:55 am
To the update:
I hope the Governor (Quinn) reviews this carefully enough to accept it.
Comment by A guy... Monday, Dec 15, 14 @ 10:58 am
This is a practical opinion. But it totally ignores the language that provides that “the appointee shall hold office until the elected officer qualifies or until a successor is elected and qualified as may be provided by law”. Under this provision Quinn’s appointee is supposed to hold the office until an ELECTED successor qualifies. That’s the plain language of the Constitution and Madigan’s staff just ignores it. In Illinois terms of office do not automatically terminate. A holdover is permitted to occur until a successor legally qualifies.
Not going to lose any sleep over it … but it is outcome-oriented lawyering.
Comment by Reader of the Constitution Monday, Dec 15, 14 @ 10:58 am
Can the Treasurer-elect also be appointed Comptroller on 1/12? That would be a way to test drive the office combination theory while necessary constitutional changes are made.
Comment by Marty Monday, Dec 15, 14 @ 11:00 am
oswego…this appointment means insofar as this person will never be able to BE Judy Baar Topinka, but Governor Rauner strongly consider that the appointment should be embraced by the Comptroller Family that Judy Baar Topinka embraced herself….
I completely agree, it should certainly go to a person that Judy, loved, trusted & supported.
If Judy where asked, who would Judy herself say she would like for her seat to go to, assuming there was some sort of internal conversations in recent times who Judy would have wanted to pass the proverbial torch to?
Comment by fair and balanced Monday, Dec 15, 14 @ 11:00 am
===Under this provision Quinn’s appointee is supposed to hold the office until an ELECTED successor qualifies.===
Hypothetical: Topinka loses, Sheila Simon dies before taking office. Under your analysis, Topinka would continue serving.
Comment by Rich Miller Monday, Dec 15, 14 @ 11:00 am
===The Governor appreciates the Attorney General’s counsel and is reviewing it.===
What should have been the response?
“Governor Quinn, after reviewing the interpretation, will make his appointment at the appropriate time, and he hopes when Governor Rauner makes his appointment, he will keep the people of Illinois in his thoughts.”
That sentence they released is as disappointing as it is short.
Comment by Oswego Willy Monday, Dec 15, 14 @ 11:01 am
Yes Speaker Madigan, you are urged to get your hands dirty and help move to a democratic approach to filling the vacancy by election at the next possible time, 2016.
Comment by Amalia Monday, Dec 15, 14 @ 11:01 am
== But it totally ignores the language that provides that “the appointee shall hold office until the elected officer qualifies or until a successor is elected and qualified as may be provided by law”.==
The sentence can be interpreted more than one way, and when language is ambiguous the first place you look is to any notes/discussion of the people who wrote it to see what they meant. It’s clear from the convention notes what the intent was.
Comment by Anonymoiis Monday, Dec 15, 14 @ 11:02 am
===It’s clear from the convention notes what the intent was. ===
Yep.
Comment by Rich Miller Monday, Dec 15, 14 @ 11:04 am
The advocacy for a special election seems oddly situated for an official opinion.
Comment by LincolnLounger Monday, Dec 15, 14 @ 11:05 am
Just for once, if only once hope common sense prevails and Quinn makes the pick of Rauners choice and not drag this out or cost taxpayer dollars with legal fees.
Comment by Very Fed Up Monday, Dec 15, 14 @ 11:05 am
It doesn’t matter what Quinn thinks about it, and never has.
If there are any outstanding questions to be resolved about this issue, that will happen after he is out of office and has no standing.
Comment by Wordslinger Monday, Dec 15, 14 @ 11:06 am
let Rauner make the appointment, after Jan 12 for 4 years and then fight it out in the courts. The Supremes’ will support a 4 years term.
Comment by Apocalypse Now Monday, Dec 15, 14 @ 11:09 am
@ Shore - Monday, Dec 15, 14 @ 10:29 am:
=1. Quinn appoints someone through end of current term
2. Rauner picks someone through 2016
3. 2016 someone elected to fill rest of term.
why is this so hard?=
It should not be, but we live in the very political state of Illinois. Your suggestion would be so easy and makes so much sense, but we have to first run it through the prism of politics.
Comment by facts are stubborn things Monday, Dec 15, 14 @ 11:11 am
I wish the AG would have provided such guidance on the pension issue.
Comment by facts are stubborn things Monday, Dec 15, 14 @ 11:12 am
Under your scenario Topinka would not be a gubernatorial appointee as Section 7 contemplates.
Perhaps the opinion deals with this language in some way. I know there is case law on lower offices.
Comment by Reader of the Constitution Monday, Dec 15, 14 @ 11:12 am
@VeryFedUp
Why in the world would Quinn do that?! This guy dragged him through the mud and he is supposed to say, “Hey Bruce, just let me know who you want to appoint,”?! Give me a break.
Comment by Ducky LaMoore Monday, Dec 15, 14 @ 11:12 am
Further to my thoughts,
I would not, nor do I think it would be proper form for Rauner’s choice to be sworn in on the 12th of January, the day Judy Baar Topinka would have been sworn in herself for her new term;
The inauguration should go on, with the exception of Comptroller, and the appointed Comptroller, after the 12th, should be sworn in in the House Chambers, even as early as the 13th, but not be part of the transition on the 12th.
Comment by Oswego Willy Monday, Dec 15, 14 @ 11:13 am
===The advocacy for a special election seems oddly situated for an official opinion. ===
I’d disagree because the possibility of future legislation for a special election was debated at the con-con.
Comment by Rich Miller Monday, Dec 15, 14 @ 11:14 am
I’m sure Quinn’s lawyers have considered all possibilities. This opinion shouldn’t have come as a surprise.
But the response is, it’s under review. Of course lawyers always have to review (billable hours).
Time is wasting. Do something.
Comment by Sir Reel Monday, Dec 15, 14 @ 11:15 am
The convention notes are key for intent. You can’t read the language of the Constitution alone and come to a definitive conclusion for two vacancies.
Comment by Wordslinger Monday, Dec 15, 14 @ 11:15 am
===Time is wasting. Do something. ===
Take a breath. There’s no need to do anything right now. JBT’s memorial isn’t for two days. This can wait.
Comment by Rich Miller Monday, Dec 15, 14 @ 11:16 am
So it seems the play here will be that PQ will name JBTs manager for the remainder of this term, the GA sets a special election to coincide with the 2016 election, Rauner names Cross as Comptroller until then, Cross runs against Sheils Simon in 2016 and the banjo player, who knows pretty much nothing about the comptroller job, gets elected, hires a bunch of Dem political hacks for the office, and the place becomes a bloated mess.
Wouldn’t this be an ideal time to merge the treasurer and comptroller offices, or would that make too much sense?
Comment by Arizona Bob Monday, Dec 15, 14 @ 11:17 am
==The convention notes are key for intent. You can’t read the language of the Constitution alone and come to a definitive conclusion for two vacancies. ==
Agreed. But if the Con Con has pertinent deliberations I’d love to see the cite.
Comment by Reader of the Constitution Monday, Dec 15, 14 @ 11:19 am
===But if the Con Con has pertinent deliberations I’d love to see the cite. ===
I posted the cite. Sheesh. Did you miss “click here”?
Comment by Rich Miller Monday, Dec 15, 14 @ 11:20 am
AB, I’m starting to think you dont read any thing before you comment, lol.
Odd comment from Rauner about the “unfortunate” discussion.” The dude called a press conference on the day she died to get the ball rolling on the “discussion.”
Comment by Wordslinger Monday, Dec 15, 14 @ 11:22 am
@arizona:
Using your own language, Bruce knows nothing about the Governors job, he manages a bunch of laundromats. Not very hard to take the change from the machines and walk it over to the change machine every couple of days. Maybe clean the lint filters once a month or so. How did HE get elected?
Comment by Del Clinkton Monday, Dec 15, 14 @ 11:23 am
“. . .let Rauner make the appointment, after Jan 12 for 4 years. . .” -Apocalypse Now
“I don’t really care either way if there’s a 2016 special election or a 4 year appointment.” - Ron Burgundy
I am amazed that some of the comments seem to support completely ignoring the voting public. Would you feel this way if your particular party was not in power? If you don’t care either way, why bother to vote at all?
Comment by Anonymous Monday, Dec 15, 14 @ 11:25 am
===when language is ambiguous the first place you look is to any notes/discussion of the people who wrote it to see what they meant====
We all had fun last week pontificating and going on and on with what we thought the constitution and the statutes meant. Arguments were convincing on many fronts. But I don’t remember anyone reciting the con con discussions which is what definitely helps tip the scales to the AG’s opinion.
Comment by Been There Monday, Dec 15, 14 @ 11:25 am
Quinn could really make this exciting by appointing himself to the office!
Comment by historic66 Monday, Dec 15, 14 @ 11:26 am
Initial read is that Rauner is not too keen on the special election idea by omission in his statement.
Comment by Ron Burgundy Monday, Dec 15, 14 @ 11:26 am
=== That sentence they released is as disappointing as it is short.====
OW: I believe the Quinn folks have the right to fully read and digest the opinion before making additional comments. Let’s be fair here.
Comment by Louis G Atsaves Monday, Dec 15, 14 @ 11:26 am
I don’t see anything wrong with discussing it, since the state is currently without a Comptroller; so Rauner’s comments are a little odd. Nancy Kimme should be appointed to fill out the current term, and then someone qualified (not Tom Cross) should be appointed to fill out the upcoming term.
Comment by econ prof Monday, Dec 15, 14 @ 11:28 am
===Odd comment from Rauner about the “unfortunate” discussion.” The dude called a press conference on the day she died to get the ball rolling on the “discussion.”===
Beat me to it.
Leader Durkin had it best; behavior by some had been ghoulish.
A map is now out there from the AG.
Quinn should say at an appropriate time, his appointment will be announced.
Rauner should say it’s premature for me to comment further, but will say he appreciates the AG and when appropriate, after Governor Quinn, he will have further comment.
Comment by Oswego Willy Monday, Dec 15, 14 @ 11:29 am
The right thing to do would be for the Governor to call the Governor-elect and agree on an acceptable appointment so the State can get on with it’s business and ensure some continuity until an election can be held. Somehow, I don’t think it will happen however.
Comment by Stones Monday, Dec 15, 14 @ 11:30 am
To Anonymous 11:25. Wow, way to read too much into a simple statement.
My point was, the law on the books allows for a 4-year appointment. If the powers that be want to get together and change that, fine. I don’t care. The law has been that way since 1970 so I don’t see some great Constitutional crisis here if an appointment lasts four years or two. The “voting public” approved this setup back in 1970. And for the record, I did not vote in the Governor’s race this year.
Comment by Ron Burgundy Monday, Dec 15, 14 @ 11:30 am
speaking politically; The Problem with Cross is that he lost, lost in a republican year with Rauner wind at his back….and HE LOST, to weak candidate!
So for the Republican party how does he carry retaining the office forward in a likely election?
Comment by fair and balanced Monday, Dec 15, 14 @ 11:31 am
To Anyone Remember - Monday, Dec 15, 14 @ 10:43 am
http://www.ilga.gov/commission/lru/lru_home.html
Lower right corner of page.
Comment by Norseman Monday, Dec 15, 14 @ 11:31 am
- Louis G Atsaves -
With respect,
Telling us all he (Quinn) is “…appreciates the Attorney General’s counsel and is reviewing it.” really is about injecting himself in the discussion of speculation more than anything else, which in of itself is bad form.
Making it about “What will Quinn do next?” isn’t helping with an ignorant thank you to what the sentence is exacerbating.
Comment by Oswego Willy Monday, Dec 15, 14 @ 11:34 am
I hope Rauner supports a special election in 2016. Maybe he should be asked. We’ll see whether his response is crystal clear, or whether it matches Quinn’s for clarity.
Comment by PublicServant Monday, Dec 15, 14 @ 11:35 am
“Quinn makes the pick of Rauners choice” Umm…and why? Quinn’s pick will be irrelevant when Rauner is in office. Is he supposed to pick agency heads that Rauner likes too? Sheesh.
Comment by Skeptic Monday, Dec 15, 14 @ 11:36 am
Reads more like a hedge by the Attorney General than a ruling.
Comment by From the 'Dale to HP Monday, Dec 15, 14 @ 11:36 am
Given that Rauner started the public discussion, asked for and held a meeting with Quinn on the topic, followed by his own press release — it is strange for him now to say we shouldn’t be discussing this.
Good message about honoring JBT.
Comment by walker Monday, Dec 15, 14 @ 11:39 am
==I posted the cite. Sheesh. Did you miss “click here”? ==
Yes I missed it. Sorry.
That being said, Whalen’s statements do not match the final constitutional language. If Section 7 referred to a failure to qualify by a Comptroller-elect, the matter would be closed. But the language only refers to persons actually holding the office.
And Whalen confirms the “holdover” common law I was talking about.
Section 7 on its face requires replacement of a gubernatorial appointee by an ELECTED replacement.
But as a practical solution, Madigan’s opinion is good government.
Comment by Reader of the Constitution Monday, Dec 15, 14 @ 11:46 am
Rauner lost me when he mentioned “the wishes of the Topinka family.”
I thought so highly of JBT, and every morning since she passed I have had that awful moment when I suddenly remember — oh gosh, Judy Baar Topinka is gone.
But when it comes to elected office, her family members have no more standing than the members of Soccerfamily. The issue here - the only issue - is what is best for the people of this state.
Comment by Soccermom Monday, Dec 15, 14 @ 11:49 am
How much time is on the clock? When do we have to have a new signator to write checks?
Comment by Langhorne Monday, Dec 15, 14 @ 11:50 am
I’m convinced.
The only remaining question it seems is whether the General Assembly must initiate the special election before January 12th?
I’d say yes, just to be safe.
I’d presume when they vote to have a special election there would also be a vote on a constitutional amendment to abolish the comptroller’s office?
Comment by Yellow Dog Democrat Monday, Dec 15, 14 @ 11:50 am
=== “It is unfortunate we are even having this discussion less than a week following Judy’s death - now is a time we should be honoring her legacy.” ===
I think what Rauner is saying is that is indeed unfortunate and we should, in a perfect world, be honoring JBT’s legacy, but that we have to deal with reality too.. that we don’t have the luxury to just memorialize JBT without discussion of the appointment process.
Comment by Just Observing Monday, Dec 15, 14 @ 11:54 am
Aside from the politics here, it seems that any governor has no position on the term of any appointment made under these circumstances. My personal impression is that the constitutional language seems to be most oriented toward continuity of the office & its role in proper state operations.
Any counsel in CapFax Land care to speculate as to how an appointment may work out- I question if PQ appoints & appointee/counsel interprets the appointment to last through the unexpired term and until an elected successor is qualified, what’s the legal process? Does Rauner sue as Gov, on behalf of citizens? Does AG file any suit? Is the injured party limited solely to Rauners appointee, as neither citizens nor government would be injured by the continuity of office, regardless of the office holder?
Comment by Midstate Indy Monday, Dec 15, 14 @ 11:54 am
Hypothetically, if Quinn appointed Mike Frerichs to the post, could he holds both jobs? I believe Frerichs could not run for both, but if appointed, could he serve in both positions?
Comment by Elo Kiddies Monday, Dec 15, 14 @ 12:01 pm
To the Durkin update,
So far, it appears their Principle and Press Shop understands what it means to handle a situation that requires a sense of the moment, and gives perspective is pushing back the tactless.
Thank you.
Comment by Oswego Willy Monday, Dec 15, 14 @ 12:02 pm
Perhaps the only benefit I can think of regarding a 4 year appointment is that Legislation to eliminate one office and combine them for 2018 can take place without injuring anyone currently holding office. If there are to remain two offices, I’d support the special election in 2016 as a way to give the decision to the people as early as possible in a practical statewide election already scheduled.
If they’re really serious about combining, I’d support the 4 year appointment with the offices officially combined for the 2018 election, as would normally be the timing of a statewide election.
Comment by A guy... Monday, Dec 15, 14 @ 12:03 pm
Leader Durkin also cut off his praise of the AG opinion at the 2 appointments issue.
Comment by Ron Burgundy Monday, Dec 15, 14 @ 12:03 pm
===Hypothetically, if Quinn appointed Mike Frerichs to the post===
You can discuss hypotheticals all day. The fact is Frerichs doesn’t want to go anywhere near this.
Comment by Rich Miller Monday, Dec 15, 14 @ 12:04 pm
OW, I assume as soon as Leader Durkin agrees ghoulish was too strong a word, you’ll be posting your agreement. lol. It hasn’t been tidy at all. It has also not been the least bit ghoulish.
Comment by A guy... Monday, Dec 15, 14 @ 12:06 pm
YDD-
shouldn’t they vote to merge the offices, not necessarily abolish one? If they do vote to merge, would that election happen in 2016?
Comment by Barney Monday, Dec 15, 14 @ 12:06 pm
Quinn appoints to the 12th or 4 years or whatever. Rauner takes office and will appoint someone to fill 4 year term a declare Quinns appointment null and void if it’s anything but the 12th. It’s up to the legislature at any time to pass an alternative. The chief of staff is the acting Comptroller now until any appointment. Someone is responsible for making decisions and with JBT’s passing her authorization ends there. Having authorization to sign JBT’s signature to a batch of checks is not the same thing. This needs to be taken care of, the sooner the better..
Comment by Mouthy Monday, Dec 15, 14 @ 12:07 pm
For those mentioning Cross — I don’t think that would go over well.
Even though it was for another office, the voters rejected.
Plus, for Rauner to appoint a failed candidate would be too much of a Quinn-like move. I don’t see Rauner making that same play.
There are a lot of fiscally conservative Republicans who would do well in the office. Rauner will call on one of them.
Comment by Gooner Monday, Dec 15, 14 @ 12:08 pm
A.G.’s Opinion Division under Michel Luke was always sharp and able. Appears that’s still the case.
Comment by x ace Monday, Dec 15, 14 @ 12:09 pm
===OW, I assume as soon as Leader Durkin agrees ghoulish was too strong a word, you’ll be posting your agreement. lol. It hasn’t been tidy at all. It has also not been the least bit ghoulish.===
You know what happens when you assume…
If you choose to be ghoulish and tactless, that’s your choice.
Your continued blindness to this reflects on you more than anything I could…assume.
Comment by Oswego Willy Monday, Dec 15, 14 @ 12:09 pm
If the above is true, it doesn’t matter who Quinn appoints for this final month. It’s too short a time period to seriously disrupt the staff of the Comptroller’s office, just a legal signature to put on state checks.
But, if Quinn would like to use this opportunity to go out bitter and vindictive, well…
Comment by Wensicia Monday, Dec 15, 14 @ 12:13 pm
I think many are missing the forest cause of the trees. This is Illinois! So Quinn appoints until 1/12, Rauner appoints the new replacement, & the legislature enacts an election for 2016. The new appointee, who is enjoying the office, then heads to court citing that great constitution that says nothing can change within the term. What prevents this from happening?
Comment by Logical Monday, Dec 15, 14 @ 12:14 pm
=== The chief of staff is the acting Comptroller now until any appointment. ===
@Mouthy — JBT’s COF staff is not the acting Comptroller. She may be keeping things in order as much as possible, but she is not authorized to act as the Comptroller in any way.
Comment by Just Observing Monday, Dec 15, 14 @ 12:14 pm
Guy, it appears that Durkin can speak for himself. Im sure your anticipating his walking back his “ghoulish” comment is as relevant and insightful as the statements you make for your other involuntary clients.
Comment by Wordslinger Monday, Dec 15, 14 @ 12:14 pm
==There are a lot of fiscally conservative Republicans who would do well in the office. Rauner will call on one of them.==
A fiscally conservative auditor of a large Republican-dominated collar county immediately comes to mind as someone who would be a good fit.
Comment by econ prof Monday, Dec 15, 14 @ 12:16 pm
===A fiscally conservative auditor of a large Republican-dominated collar county===
LOL
If it’s Grogan, I’ll eat your hat.
Comment by Rich Miller Monday, Dec 15, 14 @ 12:17 pm
Norseman
Thank you!
Comment by Anyone Remember Monday, Dec 15, 14 @ 12:21 pm
Seeing as Rauner promised to appoint people “without regard to politics” he’s going to appoint a CPA, someone most qualified, right???
Hahaha. Seeing as that is very unlikely, Quinn should go ahead an appoint whomever he likes.
Comment by low level Monday, Dec 15, 14 @ 12:22 pm
low level, constructing straw men is a very low way to argue anything.
Comment by Rich Miller Monday, Dec 15, 14 @ 12:25 pm
Grogan started a tacky Facebook page pushing for his own appointment.
Comment by LincolnLounger Monday, Dec 15, 14 @ 12:26 pm
LincolnLounger, it’s not clear that he started it. It is clear that he hasn’t asked that it be taken down.
Comment by Rich Miller Monday, Dec 15, 14 @ 12:27 pm
Also, low level, Chris Lauzen just called. He wants his 1998 campaign slogan back.
Comment by Rich Miller Monday, Dec 15, 14 @ 12:28 pm
Thanks for the clarification. Tacky in any case.
Comment by LincolnLounger Monday, Dec 15, 14 @ 12:28 pm
Now Sen. Cullerton’s statement focuses largely on the special election. That is where the fight will be. GOP officials clearly aren’t willing to potentially give up the final two years of an office one of their own won in November, while Dem officials appear ready to drive a wedge to get a shot at taking the office back in 2016. A special session would allow them to push the special election bill with Gov. Quinn wielding the pen prior to Gov. Rauner taking office. It would also avoid the potentially thorny legal issue of trying to limit the term of Rauner’s appointee after they have been appointed and sworn in.
Comment by Ron Burgundy Monday, Dec 15, 14 @ 12:29 pm
Rich — if not Grogan, how about the return of Chris Lauzen?
Comment by Todd Monday, Dec 15, 14 @ 12:30 pm
Arizona Bob
You ever hear of Orville Hodge? All the technology in the world (IT hardware and software) and OAG didn’t stop George Ryan and Rod Blagojevich’s criminality. Nor, for that matter, did either stop the Staff Assistant process.
Comment by Anyone Remember Monday, Dec 15, 14 @ 12:30 pm
==- Just Observing - Monday, Dec 15, 14 @ 12:14 pm:
=== The chief of staff is the acting Comptroller now until any appointment. ===
@Mouthy — JBT’s COF staff is not the acting Comptroller. She may be keeping things in order as much as possible, but she is not authorized to act as the Comptroller in any way.==
Look at it a different way. Outside of goverment if you have the power of attorney for one of your parents and your parent passes away the POA ends at the time of death. The Comptroller’s staff has legal authorization to conduct business because the Comptroller authorized such. That authorization would end at the time of death of the Comptroller. There is a lot more to running that office than signing checks. Someone, and I’m assuming it’s the Chief of Staff, is making those decisions. So to frame it another way. Who’s responsible? Cause it’s no longer JBT.
Comment by Mouthy Monday, Dec 15, 14 @ 12:35 pm
Seems to me, letting Quinn pick the 3-week job holder, Rauner picking the successor to a 2-year term with a Special Election at the end of it, would be the “fairest” way to go. Meaning, everyone will be equally unhappy. But 2 years should be enough time for a Rauner appointee to help the new guv execute what he’s after, and make some kind of track record to run on for retention. Then you put it to the voters. I’d say, call the Special Session and carve it up in halves this way, then in 2 years both parties have an equal shot at the job.
Comment by Newsclown Monday, Dec 15, 14 @ 12:38 pm
Technically, the office will be vacant while PQ is still in office if they inaugurate in order of low to high (unless they all do at same time). Keep in mind that Gov. Thompson reversed the order in 1976 so he (and not departing Gov. Dan Walker) could appoint the Treasurer because Alan Dixon had to resign to be sworn in as SOS.
Comment by 4 percent Monday, Dec 15, 14 @ 12:39 pm
This is a modern day version of the wisdom of Solomon! It is almost like Lisa comes from a family of political genius or something! I am guessing something!
Comment by The new William j Kelly Monday, Dec 15, 14 @ 12:42 pm
Lisa and now Cullerton putting the heat on MJM and Rauner for a special election.
As far as I can tell, Quinn hasn’t said or done anything publicly in regards to this issue since last Wednesday, when he indicated actions would follow JBTs services, which is wholly appropriate and respectful.
But there seems to be an awful lot of concern among some that he’ll appoint some lunatic who will barricade in the comptrollers office and fight it out in the courts to keep the gig for four years plus.
I highly doubt it. What’s in it for Quinn to go out that way? He has some significant, even historic accomplishments.
How would it be in Quinns self interest to muddy up his legacy in some p—— match from which he cannot benefit in any way? What makes you think he won’t act in his own self-interest?
Comment by Wordslinger Monday, Dec 15, 14 @ 12:43 pm
=== Keep in mind that Gov. Thompson reversed the order in 1976 so he (and not departing Gov. Dan Walker)===
Yep. Part of a deal cooked up with Al the Pal because Walker wouldn’t play along.
Comment by Rich Miller Monday, Dec 15, 14 @ 12:45 pm
Chris Lauzen would actually be a good fit for the office, but I doubt he’d want to give up his present gig, where he stands a chance of being re-elected and the office is not in danger of being constitutionally abolished.
Comment by Six Degrees of Separation Monday, Dec 15, 14 @ 12:47 pm
If we are going to start throwing out names, I would go with Ed Sullivan. He’s got the background and it is a safe seat for the Republicans so they are not taking a risk with the appointment.
Plus, he’s got a great chance of holding the seat and helping build the party.
Comment by Gooner Monday, Dec 15, 14 @ 12:51 pm
The two appointee decision was a no brainer, basically everyone was for it before they were on record for it. I think the only way the special election idea is “fair” (not like something being fair really matters) is if the provisions are adopted before Rauner’s Comptroller is sworn it. The public perception for Dems might not be good if a Republican is appointed to fill a four year term but the new Democratic GA makes a rule for a special election in 2016, two years into the appointees term.
Comment by Clark_Kent Monday, Dec 15, 14 @ 12:55 pm
===What’s in it for Quinn to go out that way?===
https://capitolfax.com/2014/12/15/succession-jockeying/
Comment by Rich Miller Monday, Dec 15, 14 @ 12:58 pm
There is the low road and there is the high road.
Mr. Quinn now has a very clear choice to make.
Comment by Formerly Known As... Monday, Dec 15, 14 @ 12:58 pm
===If we are going to start throwing out names, …===
If you really want to be tacky before Wednesday, by all means toss out names…
I can’t think of a decent person who would want or ecourage their name be publicly bantered about before Wednesday.
Comment by Oswego Willy Monday, Dec 15, 14 @ 1:00 pm
To the Cullerton update,
I keep reading it and reading it, and can’t see why the date of this statement couldn’t have been 12/18 instead of 12/15…
Comment by Oswego Willy Monday, Dec 15, 14 @ 1:10 pm
=== This will undoubtedly be litigated. ===
Only if Quinn does something stupid, on his own initiative or at the urging of others seeking political gain. Quinn, save the state money and keep it straight. You’ve already cost the state enough money on lawsuits needed to address your gamesmanship.
Comment by Norseman Monday, Dec 15, 14 @ 1:11 pm
Lisa seems to have done a good job with her citations and analysis. Following her recommendation for the appointments should be the legal way to do it.
However, for those calling to eliminate / combine the offices, it isn’t quite as clean as you migth think. The timing could be tricky. It would take a constitutional amendment that would have to be passed by the GA between now and some time before the 2016 general election, then presented to the voters at the 2016 General Election. IF doing a special election to fill the ‘vacany”, it would also need to be held in 2016 in case the merger was NOT approved by the voters. The merger amendment would need to have an effective date specified and here’s where it gets tricky: would it be immediate, thus negating the will of the voters to fill the position in the special election, or would the date need to be at the end of that term, ie, 2018?
Comment by RNUG Monday, Dec 15, 14 @ 1:17 pm
The state in no way shape or form should have an immediate special election for the comptroller office. Either have one in 2016 or don’t have one and leave Rauners appointment in there. Elections cost money and that is something the state and counties don’t have.
Comment by wazn4me Monday, Dec 15, 14 @ 1:18 pm
Oswego, that wasn’t my intent and in hindsight, I think you are right.
It been done a bit but we probably should hold off until even later.
January would be good. There will be plenty of time for it then.
Thanks for pointing that out, Oswego.
Comment by Gooner Monday, Dec 15, 14 @ 1:18 pm
===The timing could be tricky.===
It’s not tricky. You’re just over-thinking it.
Put it on the ballot in 2016, have the election for the new combined office in 2018. Pretty simple. Easy, even.
Comment by Rich Miller Monday, Dec 15, 14 @ 1:19 pm
===The state in no way shape or form should have an immediate special election for the comptroller office===
Meh. Texas has ‘em all the time.
Comment by Rich Miller Monday, Dec 15, 14 @ 1:20 pm
=== Technically, the office will be vacant while PQ is still in office if they inaugurate in order of low to high (unless they all do at same time). Keep in mind that Gov. Thompson reversed the order in 1976 so he (and not departing Gov. Dan Walker) could appoint the Treasurer because Alan Dixon had to resign to be sworn in as SOS. ===
So, would Quinn, before the Judge gets to Rauner, have to call “time out” during the swearing in and yell out his appointment? For entertainment value, I’d love for that to happen.
Comment by Just Observing Monday, Dec 15, 14 @ 1:26 pm
== Hypothetical: Topinka loses, Sheila Simon dies before taking office. Under your analysis, Topinka would continue serving. ==
BINGO.
The ==one vacancy== issue was misleading and defied common sense from the beginning. It is good to see Attorney General Madigan recognizes this as well. Any contortions people come up with next to try and claim Quinn gets both appointments also fails to recognize that it would do more harm than good to the Democratic ==brand== at this moment in time. Both parties should play it straight and take the high road here.
Comment by Formerly Known As... Monday, Dec 15, 14 @ 1:39 pm
Addition to Hypothetical: At this point, Bruce gets to appoint Ted Cruz and Sarah Palins 2nd born, Twice Removed, Love Child as Comptroller of the World for life. In case anybody is wondering.
Comment by Del Clinkton Monday, Dec 15, 14 @ 1:52 pm
== You’re just over-thinking it. ==
I do that sometimes …
Comment by RNUG Monday, Dec 15, 14 @ 2:02 pm
== Addition to Hypothetical ==
I think I like Rich’s hypothetical better. Though yours would probably be more entertaining, at the very least
Comment by Formerly Known As... Monday, Dec 15, 14 @ 2:29 pm
I’m not sure you can do a special election even with legislation. You would need to amend the state constitution.
Comment by Lawman Monday, Dec 15, 14 @ 2:35 pm
===You would need to amend the state constitution. ===
Nah. The Constitution allows for legislation.
Comment by Rich Miller Monday, Dec 15, 14 @ 2:36 pm
How about they appoint Dan Rutherford for two years and then combine the treasurers office and comptrollers office. By that time Frerichs would have a good feel for what is going on.
Comment by The Colossus of Roads Monday, Dec 15, 14 @ 2:36 pm
==You just have to love the way lawyers always try to cover themselves, “anticipated”? I can’t say its amusing under the circumstances but it was an odd statement.==
The word “anticipated” is not there to cover bases in this case. The vacancy that will occur on January 12 is anticipated, because it is in the future. I could say that I “anticipate” Christmas Eve and I would not be incorrect in doing so. It may be awkward language, but anticipation is merely the state of thinking about some future event, no matter how likely or unlikely.
Comment by Snucka Monday, Dec 15, 14 @ 2:44 pm
There is one major obstacle with combining the offices. Speaker Madigan has said No every time it has come up. He opposes it not for political reasons, but because he believes there is a needed check and balance with both positions. Last time I checked, he is still the speaker.
Comment by Jaded Monday, Dec 15, 14 @ 2:47 pm
With Radogno’s even starker statement, the partisan battle lines on the special election issue are clearly drawn.
Comment by Ron Burgundy Monday, Dec 15, 14 @ 3:01 pm
Opposition to a special election will be a real political loser.
I doubt if many GOPers want to go around the state defending a four-year appointment to an elected office when there’s a general election in 2016.
Rauner would be wise to avoid that trickbag if the GA passes a bill to put the office on the ballot for a two-year term in 2016.
Comment by Wordslinger Monday, Dec 15, 14 @ 3:14 pm
I would have very much preferred to have learned that Pat Quinn was empowered to make one appointment that would persist all the way through 2018 (or until a special election, as the case may be) because I trust Quinn a lot more than Rauner to make an appointment in the best interests of the people of the state. But my political preference (or any of yours) never had any relevance to the question at hand. The AG’s legal analysis seems pretty air tight, so assuming it remains that way we’ll have very properly arrived at a point where Quinn makes the appointment of Quinn’s choice and then Rauner makes the appointment of Rauner’s choice.
Comment by Forgottonia Republic Monday, Dec 15, 14 @ 3:36 pm
First time I have EVER agreed with Leader Madigan!
Comment by Robbie Monday, Dec 15, 14 @ 3:54 pm
My review and interpretation the Illinois Constitution comports with Attorney General Lisa Madigan’s conclusion, with one caveat. The Illinois Constitution does not compel a 2016 Special Election and Governor-Elect Rauner is in his discretion to proceed forward with one or not.
Comment by Black Ivy Monday, Dec 15, 14 @ 4:47 pm
== or until a successor is elected and qualified as MAY be provided by law ==
The special election is contingent upon the law providing for one. That is one key point many seem to be overlooking.
That could also help explain Cullerton’s sudden desire for a special session to pass a law calling for exactly such an election. He knows Rauner would not sign a bill or law calling for this special election, so they would have to get one passed and signed by Quinn before the 12th?
Comment by Formerly Known As... Monday, Dec 15, 14 @ 4:55 pm
Another reason, Quinn, Rauner, Senator Kirk and our profane in your face Mayor were glad Lisa Madigan didn’t want to run for their spots.
Comment by Roscoe Tom Monday, Dec 15, 14 @ 5:10 pm
- Gooner -,
Apologies, I had to step out this afternoon, I didn’t get back to your comment.
It was pointed at others, not directed to you. Your comment struck a nerve in the big picture.
All good, glad you took my comment as intended,
OW
Comment by Oswego Willy Monday, Dec 15, 14 @ 5:56 pm
BI, I’m sure you don’t mean a govemor has unilateral power whether or not to call a special election in this case.
Comment by Wordslinger Monday, Dec 15, 14 @ 7:55 pm
@Rich Miller
**Hypothetical: Topinka loses, Sheila Simon dies before taking office. Under your analysis, Topinka would continue serving.**
With all do respect to the Attorney General’s public statement, Reader of the Constitution’s reading is spot on the plain constitutional language. There’s little ambiguity in it, and the appointee would continue “until the elected officer qualifies or until a successor is elected and qualified as may be provided by law and shall not be subject to removal by the Governor.”
Topinka, the elected official, will never qualify, so by the language of the law, we must wait till a successor is elected, whenever it is. Rich’s hypothetical wrongfully assumes Topinka was the appointed successor under Section 7. If Topinka loses and Sheila dies before taking office, **the Governor’s appointee**, continues serving until the elected officer qualifies or until a successor is elected and qualified.” The hypothetical presumes Topinka was the appointee, which puts us back at the central question of how long that appointee serves.
The Attorney General’s reading simply ignores the indefinite duration of the initial appointment and the fact that the existing elected officer will never be qualified.
Comment by Article V, Section 7 Monday, Dec 15, 14 @ 9:05 pm
Is it possible that the first sentence in Article 5, Section 7 just spells out two conditions upon which the appointing power is triggered (i.e., a vacancy or a failure to qualify), and the second sentence just describes how long the appointee holds office once appointed (i.e, basically until replaced by someone who has been elected and qualifies)?
If so, then once one of the condition for the exercise of the appointing power is triggered in the first sentence, then doesn’t the second sentence seem to suggest that the person appointed holds office until replaced by someone who is elected and qualifies?
Also, on page 13 of the cited materials, isn’t Mr. Whalen just saying that a vacancy is a necessary but not sufficient trigger for the exercise of the appointing power or, in other words, that a failure to qualify also needs to be a trigger for the appointing power?
I’m curious what others think.
Comment by A-non-a-mouse Monday, Dec 15, 14 @ 9:47 pm
If republicans do not come on board and embrace a special election in 2016 it will cause much pain for the the r’s on the 2016 ballot. Do the right thing and support the special election.
Comment by 75th district Tuesday, Dec 16, 14 @ 8:06 am