68 Comments - Anonymous - Thursday, Dec 11, 14 @ 3:19 pm: You can only have one governor at a time. Gov. Quinn will not tell Rauner how to run state government when its his term. Let Quinn finish out his term — govern — until the last day. - ugh - Thursday, Dec 11, 14 @ 3:22 pm: That’s the smartest thing I’ve heard thus far. - Precinct Captain - Thursday, Dec 11, 14 @ 3:22 pm: Considering that there appears to be conflicting constitutional and statutory information, including regarding a special election according to Rich, it would be helpful if legislative leaders were willing to work with “the executive department” to craft a clear solution. - ??? - Thursday, Dec 11, 14 @ 3:23 pm: So the Attorney General does not make the final call after analyzing and interpreting the constitution and the statutes? Maybe I misread it somewhere, but I thought she had the final say-so in how the law should be interpreted. I guess I’m a pessimist; I just can’t see Rauner and Quinn cooperating on this. - Yellow Dog Democrat - Thursday, Dec 11, 14 @ 3:23 pm: Let’s hope both men — and their advisers — can rise to the occasion. - ugh - Thursday, Dec 11, 14 @ 3:23 pm: ==Considering that there appears to be conflicting constitutional and statutory information, including regarding a special election according to Rich, it would be helpful if legislative leaders were willing to work with “the executive department” to craft a clear solution. == How? The legislative branch doesn’t interpret the constitution. That’s up to the courts. - Yellow Dog Democrat - Thursday, Dec 11, 14 @ 3:27 pm: PC: A legislative solution seems impractical unless Rauner and Quinn are in agreement. Immediate effective date requires supermajority. Why would MJM and Cullerton help Rauner out by cutting Quinn’s appointment short, giving the GOP a shot in 2016, if the GOP isn’t even willing to put any votes on it? At the same time, you need Quinn’s signature in order to make it immediate. He can veto at midnight on Jan. 11th. - Team Sleep - Thursday, Dec 11, 14 @ 3:28 pm: Sorry for the snark, but if it took Governor Quinn over a week to call Governor-elect Rauner my guess is that this will go as smoothly as when the Red Sox offered Jon Lester only $70 million. - The Colossus of Roads - Thursday, Dec 11, 14 @ 3:40 pm: I doubt if they can work together. How about they agree on two names and then pull one out of a hat.With any luck they will get ” made in China”. - Bipartisan - Thursday, Dec 11, 14 @ 3:41 pm: With all his dirt, Governor Quinn should just be swept out the door quietly. Leave it to Rauner to make this executive call! - Ron Burgundy - Thursday, Dec 11, 14 @ 3:43 pm: So Quinn and Rauner have both been given the opportunity to do something bipartisan, and dare I say statesmanlike, for the good of the people of Illinois? Not a chance. Surprise me. - Demoralized - Thursday, Dec 11, 14 @ 3:43 pm: ==So the Attorney General does not make the final call after analyzing and interpreting the constitution and the statutes?== No. The only people making the final call wear black robes. - Demoralized - Thursday, Dec 11, 14 @ 3:44 pm: ==Leave it to Rauner to make this executive call!== You can’t you dope. Quinn will have to make a choice. Checks have to be signed. The argument about how long that person stays is another ball of wax but he can’t not make an appointment. - Norseman - Thursday, Dec 11, 14 @ 3:48 pm: Smart response from the Speaker. This IS an Executive decision. Quinn needs to demonstrate some decency and simply appoint someone for the final several weeks. For him to try and parlay this into a 4 year appointment for a friend would tarnish what’s left of his reputation. He would also lose again in court because I don’t agree that the appointment issue is ambiguous. There is one vacancy now and a second in January. - Rich Miller - Thursday, Dec 11, 14 @ 3:50 pm: ===Quinn will not tell Rauner how to run state government when its his term=== lol Wanna bet a dollar? - Norseman - Thursday, Dec 11, 14 @ 3:55 pm: Speaking of the Executive Branch, would Jesse be proactive and refuse the paperwork if Quinn did try a bonehead move of trying to appoint for 4 year term? I would hope he would refuse it and accept it from Rauner putting Quinn in the role of litigating what is the proper action. - Starsky - Thursday, Dec 11, 14 @ 3:58 pm: What if Pat Quinn appoints himself as the next Comptroller? - Wordslinger - Thursday, Dec 11, 14 @ 3:59 pm: Dont see the issue here. Quinn was elected to serve as governor through Jan. 18, 2015. Sometime on Jan. 19, it will be Rauner’’s job. The comptroller is a constitutional officer; the comptroller doesn’t work for the governor. I don’t see how Citizen Rauner has any more say in it than anyone else, under law or the constitution. Rauner can say anything he wants about who should get it. But it’s not his call. - Jack Handy - Thursday, Dec 11, 14 @ 4:00 pm: An appointment is made by Quinn or Rauner and life goes on. BUT, later someone challenges the constutionality of the appointment after the appointee has signed billions of dollars in checks…. - Rich Miller - Thursday, Dec 11, 14 @ 4:00 pm: ===What if Pat Quinn appoints himself=== I don’t think even he is that crass. - Ducky LaMoore - Thursday, Dec 11, 14 @ 4:01 pm: Quinn and Rauner need to each make a list of 20 names of people that would make acceptable comptrollers. When they come to a name that is on both lists, that is the comptroller. - Del Clinkton - Thursday, Dec 11, 14 @ 4:01 pm: Governor Quinn is nowhere near the same class as Blago. Bruce…well he may very well wind up being the 2nd coming of Blago. But when you have money, you think you can be arrogant. But it always catches up with you. - John Parnell - Thursday, Dec 11, 14 @ 4:02 pm: I am sure Lisa Madigan is working on interpreting the constitutional provisions affecting this vacancy. Maybe that will stop the intrusion of Mr. Rauner into the Governor’s duties until he actually is sworn in as the Governor, and not before. - Wordslinger - Thursday, Dec 11, 14 @ 4:04 pm: Norseman, Jesse refused to give Burris paperwork for the Senate appointment, but that didn’t matter in the long run. - A guy... - Thursday, Dec 11, 14 @ 4:07 pm: Nothing is ever how it seems, is it? I’m reading Madigan’s statement as “he’s not going to help Quinn make an appointment that exceeds a full term of a Constitutional Officer. He would be thinking ahead here to how it would impact the next election with his troops. If the narrative became “dirty pool” and the Dems overstepped on account of the untimely death of a beloved Republican, it wouldn’t be the mood he’d want voters in. Worse, if that woeful appointee were to appear on the ballot before his GA members (and he/she would) it would be a real time reminder of how this played out. The simplest, best solution is appoint a person to finish this term in January (who gets that they’re there to get the bills signed and payroll out)and the Governor with the new term appoints the Comptroller with a new term. I’m not at all against making that person run in 2 years for the remainder of the term. That strikes me as ethical and with precedent elsewhere in the political realm. - Norseman - Thursday, Dec 11, 14 @ 4:08 pm: My lack of love for Rauner is well known, however, the blame for this becoming an issue must be placed on Quinn for floating the idea that he might be able to make a 4 year appointment. While Rauner’s timing can be criticized, there is nothing wrong with his recommending Kimme for the short-term appointment. Quinn is a big boy and can reject the recommendation. - Tasty Grouper - Thursday, Dec 11, 14 @ 4:12 pm: –I am sure Lisa Madigan is working on interpreting the constitutional provisions affecting this vacancy.– LOL. I will be shocked if the AG actually decides to do its job and issue an opinion. The office’s track record of issuing opinions on matters of constitutional importance is exceptionally weak under Lisa’s tenure. - Oswego Willy - Thursday, Dec 11, 14 @ 4:12 pm: ===. I’m not at all against making that person run in 2 years for the remainder of the term. That strikes me as ethical and with precedent elsewhere in the political realm.=== Do you have… Illinois constitutional precedent? See, that’s what’s in question here. Please follow along. - Precinct Captain - Thursday, Dec 11, 14 @ 4:15 pm: ==If the narrative became “dirty pool”== Right, because the GOP has never tried that track against Madigan. Ignore Bruce Rauner screaming that everything is “rigged.” 1: http://www.chicagotribune.com/news/ct-bruce-rauner-governor-met-1019-20141019-story.html#page=2 2: http://www.chicagobusiness.com/article/20140908/NEWS02/140909847/rauner-proposes-changing-education-funding-plan-but-skips-specifics - downstate man - Thursday, Dec 11, 14 @ 4:16 pm: Have Quinn appoint a temp Comptroller until 1/12/15. Raunner can pick someone to fill out the term. A special election would be costly for the county governments who would cover the costs. - Robert the Bruce - Thursday, Dec 11, 14 @ 4:17 pm: Quinn should appoint Frerichs just to make the constitutional questions more confusing. - Precinct Captain - Thursday, Dec 11, 14 @ 4:17 pm: ==My lack of love for Rauner is well known, however, the blame for this becoming an issue must be placed on Quinn for floating the idea that he might be able to make a 4 year appointment.== Where was Quinn the first the float the 4 year appointment? If it was clear it was or was not a 4 year pick, we wouldn’t be talking about it. - Norseman - Thursday, Dec 11, 14 @ 4:17 pm: Word, the difference is that it went to the Senate for determination of Burris’ eligibility. This is entirely a state issue. I would rather have Quinn be forced to try and get a mandamus by the courts to install his appointee than litigation by Rauner seeking to throw somebody out. It’s a matter of positioning in my opinion. - Norseman - Thursday, Dec 11, 14 @ 4:24 pm: PC, the legislative leaders all agree that it’s Rauner’s appointment come January. I don’t see that the issue is that ambiguous. If Quinn wasn’t trying to pull a fast one, we wouldn’t be discussing it. Once the debate is joined, you’re going to get folks talking up both sides. It’s a lawyer thing - you ask 2 lawyers for an opinion you’ll get 3 interpretations. - Bigtwich - Thursday, Dec 11, 14 @ 4:26 pm: “I’m reading Madigan’s statement as “he’s not going to help Quinn make an appointment that exceeds a full term of a Constitutional Officer.” No, he is saying you have to make an appointment before the Legislature can do anything and sine that has to be soon the Legislature is unable to act before an appointment is made. The language that raises this question has been in the Constitution since 1970 so Madigan is not involved. Wait, he was at the constitutional convention you don’t suppose . . . ? - Anonymous - Thursday, Dec 11, 14 @ 4:30 pm: Rauner fighting Quinn’s appointee is crazy — he has bigger issues to overcome. Maybe he will spend his own money — hire a team of private attorneys lol - Hacksaw Jim - Thursday, Dec 11, 14 @ 4:33 pm: === PC, the legislative leaders all agree that it’s Rauner’s appointment come January. I don’t see that the issue is that ambiguous. If Quinn wasn’t trying to pull a fast one, we wouldn’t be discussing it. === And as we saw with the Pension Reform law, the legislative leaders’ track record on the constitutionality of particular actions is not very good as of late. My reading of the Constitution and the State Election laws is that Quinn’s appointment would get to serve the full 4+ years. - Precinct Captain - Thursday, Dec 11, 14 @ 4:37 pm: ==How? The legislative branch doesn’t interpret the constitution. That’s up to the courts.== ==- Norseman - Thursday, Dec 11, 14 @ 4:24 pm:== Please follow along. From the Illinois Constitution, “The appointee shall hold office until the elected officer qualifies or until a successor is elected and qualified as may be provided by law.” “As may be provided by law.” Who provides the law? The legislature. The legislature could convene and pass a measure to clearly state when the appointment ends, 2015 or 2019. It could make provisions for a situation such as this where a candidate dies between election and inauguration. Right now state statute says, “the appointee shall hold his office during the remainder of the term, and until his successor is elected and qualified.” Right now, there will be no election for a successor until 2018 for whoever Quinn appoints. Adding to the confusion is the possibility of special election, which Rich said may be constitutionally possible in another thread. - Quiet Sage - Thursday, Dec 11, 14 @ 4:49 pm: There is no choice, the courts have to resolve this. Otherwise, there will be challenges to the validity of State-issued checks. - Bigtwich - Thursday, Dec 11, 14 @ 4:52 pm: “.. elected and qualified as may be provided by law” I understand how the Legislature can define qualified. Do not understand how they can do anything about “elected”. They could set a special election in two years but I think they would have to do that before the appointee takes office. This debate may keep a lot of lawyers employed. Always a good thing. - Norseman - Thursday, Dec 11, 14 @ 4:55 pm: Hacksaw, even the leaders can be right every once in awhile. PC, a successor has been legally elected. Unfortunately she died. On Jan. 12, when she can’t take office because of that sad fact a vacancy will exist to be replaced by Rauner. Hopefully, this foolishness is all for naught and Quinn will do the right thing. If not, my gentleman’s bet is on Quinn losing another case. - Cheswick - Thursday, Dec 11, 14 @ 5:00 pm: Madigan: Work it out amongst yourselves. Sometimes parents just got to let the kids solve their own problems. - Phenomynous - Thursday, Dec 11, 14 @ 5:03 pm: We are clearly discussing two separate terms for the comptroller. I don’t see how it is that confusing. Quinn’s appointment will fail to qualify at then end of the current term, at which point the Governor (Rauner) makes an appointment for the remainder of that term or until there is an election. - chad - Thursday, Dec 11, 14 @ 5:07 pm: Prediction: Quinn will figure a way to appoint himself just before the inauguration and litigate (if necessary) to fill the entire four years. Will create the Simon Administration for a few hours! - A guy... - Thursday, Dec 11, 14 @ 5:12 pm: === Oswego Willy - Thursday, Dec 11, 14 @ 4:12 pm: ===. I’m not at all against making that person run in 2 years for the remainder of the term. That strikes me as ethical and with precedent elsewhere in the political realm.=== Do you have… Illinois constitutional precedent?==== No Willy the Sage. It’s never happened here. There is none. It’s being established now. You could look at how the legislature does it for the State, how every County does it, how munis do it, how the US Senate does it…. Are you following along??? - Mama - Thursday, Dec 11, 14 @ 5:20 pm: Hell will freeze over before Quinn will work with Rauner. - Mouthy - Thursday, Dec 11, 14 @ 5:20 pm: It was clear in November that Illinois voters wanted the Republican to hold the office of Comptroller in the next term. Quinn could go out as a statesman by appointing the same person Rauner would appoint to the full term. To have two different people is going to create a huge mess. According to the Comptroller’s website there are now 117,000 vouchers back logged. People need their money. - Downstate Illinois - Thursday, Dec 11, 14 @ 5:22 pm: I can’t believe this is even being debated. You can only appoint someone to fill the remainder of a term. Judy’s term ends in January. Quinn’s appointment would run until then. Judy’s successor has already been elected to take office in January. It’s her. When she fails to qualify due to her death we have a new vacancy which Rauner gets to fill. The General Assembly should change the law to require a special election at the two-year midpoint if a vacancy occurs with more than 28 months remaining in a four-year term. This would be an acceptable and fair way to handle such appointments which would be in line with other local elected vacancies. It also wouldn’t create any added expense for local election boards. However, unless they do it prior to Rauner’s appointment his appointee would have a four-year term which is also fair as it is the current law. Quinn should do the decent thing and appoint Judy’s chief of staff. There’s only six weeks or so left in the term. If he’s not going to do that he might as well sell it to the highest bidder and drive the final nail in his career as Blago’s successor. - Oswego Willy - Thursday, Dec 11, 14 @ 5:26 pm: ===You could look at how the legislature does it for the State, how every County does it, how munis do it, how the US Senate does it…. Are you following along???=== Do any of those “fine” examples include vacancy provision, specific with this calendar and a governor transition? lol Your fantasies are fun! - Wordslinger - Thursday, Dec 11, 14 @ 5:27 pm: Quinn will have to make an appointment, soon. Thats his call. He has no power to interpret the constitution or assert how long the appointment is for. That’s not his call. What happens after he’s out of his office, also not his call. Once he’s - Wordslinger - Thursday, Dec 11, 14 @ 5:31 pm: For that matter, neither Citizen Rauner or Gov. Rauner has the power to interpret the constitution or assert how long the Quinn appointment will be for. - Downstate Illinois - Thursday, Dec 11, 14 @ 6:07 pm: Come on Wordslinger, everyone else wants to assert how long an appointment is for, Rauner might as well join the fun. - Yellow Dog Democrat - Thursday, Dec 11, 14 @ 6:24 pm: Norseman- A successor has been elected, a successor has not been and will not be qualified. There is no “second vacancy” because under Article V Section 2 of the Constitution, the current term doesn’t end until a successor is qualified. I don’t know how the language of the Constitution could be more clear, and the fact that none of the folks who argued its Rauner’s appointment could offer a legal citing ought to give everyone pause. - a drop in - Thursday, Dec 11, 14 @ 6:27 pm: “It was clear in November that Illinois voters wanted the Republican to hold the office of Comptroller in the next term.” No, this is not a parliamentary system. It’s only clear that the voters wanted Judy. If someone else ran, Sheila might have won. - Phenomynous - Thursday, Dec 11, 14 @ 6:41 pm: YDD, The successor to Quinn’s appointment would be Rauner’s appointment until the election. That’s my reading of it anyways. - Nothin's easy... - Thursday, Dec 11, 14 @ 6:46 pm: The attorney general will provide an opinion. The Governor of the state of Illinois will appoint a person. Whether that person will be for a month (or less) or for four years will be decided by the judicial branch months from now. Meanwhile, how’s that budget coming along? - Norseman - Thursday, Dec 11, 14 @ 7:47 pm: YDD, with due respect this is one of those occasions where I must disagree with you. The term of office for comptroller is 4 years, not 4 years, 1 month and 3 days - presuming Quinn’s appointment is made tomorrow. The portion of Article V, Section 2 that you left out STATES: “These elected officers of the Executive Branch shall hold office for four years BEGINNING ON THE SECOND MONDAY OF JANUARY after their election …” Under what interpretation of the Constitution do you argue that the 4 year term provision doesn’t apply if during the current term a comptroller becomes disqualified. Any replacement serves until THE SECOND MONDAY OF JANUARY after the next applicable election year. I don’t see the courts buying into any argument that would have an individual serve longer than this 4-year term. - Buster Brown - Thursday, Dec 11, 14 @ 8:41 pm: Agree with Norseman. Quinn should just stop dithering around and name Republican/Democrat Cross now and be done with it. That way Quinn can say he appointed a social liberal, Rauner can then say he appointed a Republican, Cross gets a month start on the job and Nancy can move on to the Administration where she’s headed anyway. - Ducky LaMoore - Thursday, Dec 11, 14 @ 9:13 pm: Hold on now… let me slap one on ya…. Quinn should appoint the most unappealing republican ever…. Joe Walsh. That’ll be fun. - Bill White - Thursday, Dec 11, 14 @ 9:14 pm: Norseman, you left out the 2nd half of the sentence: “These elected officers of the Executive Branch shall hold office for four years beginning on the second Monday of January after their election and, . . . until their successors are qualified.” Four years “AND” (a/k/a plus) whatever time it takes to qualify a successor Article V Section 7 says that once someone is appointed to fill a vacancy they stay appointed until a successor is “elected and qualified” Quinn’s appointee holds office until a successor is elected and qualified = = = I once won an appellate case that hinged on the difference and distinction between “an insured” and “the insured” Even after the Appellate Court said I was right, the other lawyer still said we all were wrong. The entire case rested on grammar and how to parse a sentence - Jorge - Thursday, Dec 11, 14 @ 9:19 pm: Brown on Madigan: “I’m all verklempt. Talk amongst yourselves.” - Norseman - Thursday, Dec 11, 14 @ 10:01 pm: Bill, I’ve got a lot of respect for you, but I’m not convinced. First, you will recall that I included the first part of the provision because YDD only included the second. Both of you hang your hat on the issue of qualification and say that this somehow trumps the terms of office. This defies a common sense interpretation of the constitution. Quinn’s appointee will replace an officeholder who was to be replaced by a duly elected and qualified person. That person would take the oath of office on January 12th. Since she can’t, there will be a new vacancy. To accept your interpretation could lead us to an absurd interpretation that a comptroller who loses an election would remain in office for another four years should his opponent die before being sworn in. Again, I doubt this foolishness gets too far and Quinn will do what’s right but if so my $1 is on the courts ruling in favor of two vacancies. P.S. Courts are always interesting. I recall a case where they ruled that a “shall” in law was interpreted as “may” because it was in the public’s interest not to be restrictive. - 13thone - Thursday, Dec 11, 14 @ 10:19 pm: Alright, alright I just want to know where the heck is Roland Burris when we really need him? Problem solved? So let’s move along, don’t we all things to do? Mansions to rebuild, protests to attend etc… Or how about this everybody takes a breath, slows down and we take the time to bury the last straight shooter to come out of Illinois government with the dignity she is entitled to and earned every bit of it? earned? - 13thone - Thursday, Dec 11, 14 @ 10:20 pm: the second “earned” is a mistake no snark intened - DuPage Dave - Friday, Dec 12, 14 @ 8:05 am: It’s kind of amusing how everyone is not a constitutional scholar. My guess is Cross ends up with the job. - Bill White - Friday, Dec 12, 14 @ 8:28 am: == To accept your interpretation could lead us to an absurd interpretation that a comptroller who loses an election would remain in office for another four years should his opponent die before being sworn in. == Indeed. Such as result is absurd. But does that mean I am reading the text wrong or does mean that the words have unintended meanings and consequences the drafters failed to anticipate? Regardless of what happens in this instance, changes are needed to cover such scenarios in the future. - VanillaMan - Friday, Dec 12, 14 @ 8:28 am: I find the debate odd. Quinn is governor. He does the appointment. It doesn’t matter that the term ends. You don’t appoint two replacements for the same vacancy because the governors change. No - I have never heard of appointing a replacement for a vacancy, and then having that replacement step down because the governor appointing them ended their term. The term of office for the Comptroller also ends - but there is no elected replacement until a special election is held for the remainder of the new term being held by the replacement. So - the way I see it. Quinn appoints a replacement until a special election is held for the remainder of the new term beginning in January. I don’t believe he gets to appoint someone for an entire four years - plus this term. On the other hand, I don’t believe that his named replacement steps down until a special election is held during the new term beginning in January. There is no reason to compromise on whom is appointed. Quinn can pick himself, as far as it matters - and I don’t have a problem with Quinn doing that and running in the special election. Pat Quinn wasn’t a great governor, but he certainly isn’t a bad man to select for that job. - Bill White - Friday, Dec 12, 14 @ 8:30 am: PS - And yes, courts sometimes do willfully ignore grammar and proper parsing in order to better serve justice - or shall I say “justice” Cheers! Sorry, comments for this post are now closed.