* Pantagraph…
In a sign that replacing Judy Baar Topinka could become an even bigger political battle, Republican Bruce Rauner says he plans to appoint a replacement who will serve the entire four years of the deceased comptroller’s next term.
Just hours after Illinois Attorney General Lisa Madigan said voters should get a say in selecting a replacement for the late comptroller, Rauner issued a statement saying he believes he’s got the Illinois Constitution on his side when it comes to appointing someone to the post.
“The constitution requires that Bruce appoint a comptroller to a four-year term and that is how we plan to proceed,” Rauner spokesman Mike Schrimpf said
That statement sets up a potential showdown between Democrats who control the House and Senate and the newly elected Republican from Winnetka over how to handle the vacancy created when Topinka died unexpectedly Wednesday.
* The full Rauner spokesman quote…
The imminent legal issue on this matter is settled – there are two appointments to fill the Comptroller vacancy. Our further legal analysis finds that the timing for elections of Constitutional officers is established by the Constitution, not by a statute, so a special election would be problematic. The Constitution requires that Bruce appoint a Comptroller to a four-year term and that is how we plan to proceed.
* However, I think supporters of the special election idea would point to this phrase in the “Vacancies” section…
The appointee shall hold office until the elected officer qualifies or until a successor is elected and qualified as may be provided by law
That certainly leaves open the possibility of a special election if the GA decides to hold one. Con-Con delegates discussed this as well (see page six of the pdf).
* However, the Pantagraph story also contains this passage…
[Attorney General Madigan’s] analysis prompted Senate President John Cullerton, D-Chicago, to begin reviewing dates for when lawmakers could be brought back to town. One date under consideration is Jan. 8.
Um, OK. So, how’s Cullerton gonna do that on his own? I checked in again with the House Speaker’s office this afternoon and received the same reply about a special session that they provided last week. The Speaker wants the executive branch to work this problem out.
In other words, all this talk of a special session to “do something” is for naught unless everyone - first Quinn and Rauner, and then Cullerton, Speaker Madigan and the two GOP leaders - are on board.
A horse can’t walk on two legs, and neither can this special session idea. It’s gonna take more than Quinn and Cullerton to make it happen.
- Del Clinkton - Monday, Dec 15, 14 @ 3:35 pm:
Bruce’s arrogance and lack of political skills are just astounding!
- Formerly Known As... - Monday, Dec 15, 14 @ 3:39 pm:
If our state leaders can’t get their act together on something as basic and human as this, we can only imagine how ==competent== they must be at dealing with more complex issues.
- Formerly Known As... - Monday, Dec 15, 14 @ 3:44 pm:
Mr. Rauner taking such a blunt stance right now does little more than fan the flames of tension and division that are rapidly building over this. Uncalled for at this point.
And, iirc, the Speaker ruled out a special session a few days ago. Sheesh.
- Sir Reel - Monday, Dec 15, 14 @ 3:52 pm:
Finally something takes the focus off the budget.
Too bad we had to lose a treasure like Judy for it to happen.
- Aldyth - Monday, Dec 15, 14 @ 3:52 pm:
Governor Elect Rauner doesn’t like the idea of having an election for a Comptroller? That would take control of a statewide office away from him and put it in the hands of the voters. That darn democracy thing…
- Wordslinger - Monday, Dec 15, 14 @ 3:57 pm:
It would be really dumb for Rauner to dig in against a comptroller’s election in the 2016 general.
Very undemocratic, and what’s the upside? What does he care who the comptroller is? He has a lot bigger fish to fry than that.
His sense of entitlement on this question, which started within hours of JBTs death, is unseemly, to say the least, from a guy who hasn’t even take the oath of office yet.
- Jaded - Monday, Dec 15, 14 @ 4:05 pm:
Madigan is staying out of it. He knew the law all along. Remember, he is the only one involved in all this who was actually a delegate to the 1970 convention. I still think a special election is the right way to go, but if Madigan is not going to push it, why should Rauner?
- Tim Snopes - Monday, Dec 15, 14 @ 4:06 pm:
Bruce Rauner was for reform. He was for term limits. He was for limiting the ability of legislators to vote on their own districts during reapportionment.
Here, we see the true Bruce. He wants all the power.
- Poster - Monday, Dec 15, 14 @ 4:09 pm:
Seems some are a little too eager to come to power. Jan 12th will arrive at its own pace.
- Norseman - Monday, Dec 15, 14 @ 4:10 pm:
Like Blago, Rauner’s desire for reform is limited to what he needs to get elected and to make governing easier for him.
- okgo - Monday, Dec 15, 14 @ 4:11 pm:
Funny how Rauner just went from “defender of justice” in trying to prevent a Quinn 4+-year appointment to “arrogant authoritarian,” in insisting on a 4-year term, over the course of a weekend.
That’s just some rotten political skills right there.
- Pot calling kettle - Monday, Dec 15, 14 @ 4:11 pm:
Word: My thoughts exactly! Why not be on the record as favoring an election? (His appointee would probably still serve 4 years.)
Some things Rauner cannot control: Who Quinn appoints as Comptroller. If Quinn’s appointee chooses to take the question of the end of the appointed term to the Supremes. How the Supremes would rule. Whether or not a GA Special Session occurs prior to Jan 12. A Special Election, if it is passed and signed prior to Jan 12.
- Wordslinger - Monday, Dec 15, 14 @ 4:13 pm:
In an earlier posting today, Rauner is quoted as saying that it’s “very unfortunate” that anyone’s even talking about this issue less than a week after JBTs death.
Well, he and his crew have been talking about it and his sense of entitlement in regards to it constantly since the day she died.
Here they are, again. Is it possible they have no sense of self-awareness or self-control?
How’s about you get ahold of yourselves and dummy up on it until after Wednesday? Do you think you can control yourselves for that long? Little respect, maybe, finally?
The gig’s yours Jan. 12. You’ll have all sorts of shiny things to play with then.
- West Side the Best Side - Monday, Dec 15, 14 @ 4:20 pm:
“The Constitution requires that Bruce appoint a Comptroller…” In reading both the Constitution - and Con Con this time - don’t see where “Bruce” is mentioned at all. Or maybe they are going along with the informal trend of some publications as far as honorifics.
- FRG - Monday, Dec 15, 14 @ 4:33 pm:
I’m I missing something — there’s no reason why the legislature can’t wait and pass a bill creating a special election for Comptroller during regular session this coming Spring, right? A special session now is only necessary to get Quinn’s signature on the bill.
I think the right political move for the Dems is to pass legislation for a special election and a minimum wage increase early next year and make Rauner take a position. Vetoing both or either bill could put him in a tough spot.
- Jaded - Monday, Dec 15, 14 @ 4:34 pm:
It would have to be no later than January 8 if they want to pass it before January 12 (3 separate days each chamber), however I still don’t think they need to pass it before the appointment. I have argued all along that the “appointed term” is not the same as an “elected term” and that state statute could be changed to limit the “appointed term” with a special election. I believe the language in Article V Section 7 speaks directly to that.
Obviously if the Senate D’s want to do this before January 12, they must not agree with that reasoning.
By the way, I chaffed a little at the use of the phrase “that Bruce appoint”. They should have said “that the Governor elect appoint…”
- Gravy Bread - Monday, Dec 15, 14 @ 4:35 pm:
Well, technically Rauner doesn’t have to agree if Quinn, Cullerton & Madigan (plus respective caucuses) all agree before January 11
- ZC - Monday, Dec 15, 14 @ 4:36 pm:
Rauner: “I’ve got this thing and it’s … well, it’s a pretty shade of copper, and I’m not giving it up for nothing.”
- Gravy Bread - Monday, Dec 15, 14 @ 4:40 pm:
In some states the Supreme Court can be asked what the law says in a situation like this.
It’s a shame that’s not the case here
- Roscoe Tom - Monday, Dec 15, 14 @ 4:56 pm:
The first thing Rauner should check out is his advisors. They seem to have the scent of power coming their way already but they should probably get the proper padding first since with their aptitude and attitude they will probably get bit in the butt on a regular basis. .
- Formerly Known As... - Monday, Dec 15, 14 @ 4:57 pm:
I posted this another thread, but it may be more relevant here. Article V, Section 7:
== 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.
This 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 calling for this special election, so they would have to get one passed and signed by Quinn before the 12th?
- Jaded - Monday, Dec 15, 14 @ 5:14 pm:
==He knows Rauner would not sign a bill calling for this special election, so they would have to get one passed and signed by Quinn before the 12th?==
Veto proof majority in both chambers. If the Dems want a special election, they can pass a special election. Madigan has to agree, and as Rich has pointed out he isn’t there…yet…
- JS Mill - Monday, Dec 15, 14 @ 5:27 pm:
Mole hill meet mountain. Rauner continues what can only be called a habitual pattern of hubris. This is not he hill to die on but it looks like he will push others into a corner. MJM is not the guy you do that to fella, but he cannot seem to help it. And others have stated and I agree, comptroller? Really? Just dumb.
- Formerly Known As... - Monday, Dec 15, 14 @ 6:02 pm:
Good point, Jaded. That helps clear things up a bit.
- AlabamaShake - Monday, Dec 15, 14 @ 6:06 pm:
**It would have to be no later than January 8 if they want to pass it before January 12 (3 separate days each chamber)**
You really don’t think they could find a useable vehicle to avoid the reading requirements?
- Lawman - Monday, Dec 15, 14 @ 6:08 pm:
It looks like the “as may be provided by law” does allow for the GA to pass a law providing for a special. However, they are not required to do so. A 2016 election would favor the Democrats, especially if Hillary is the Presidential nominee. It will be like 2008, maybe more so. A special at any other time will favor the GOP due to lower turnout. Look for the GA to go for 2016. If Rauner vetoes, they can override and Rauner will look like the bad guy. Whoever Rauner appoints shouldn’t be taking out any leases for more than two years.
- Amalia - Monday, Dec 15, 14 @ 6:10 pm:
hey Mike, listen to the AG and do the right thing.
- Chicago Joe - Monday, Dec 15, 14 @ 6:17 pm:
Rich — your remarks about a special session are mistaken. The speaker and senate prez can call a special session w/ out the governor. Or they just wait for the regular session. In any event, they can run a bill requiring an election and then over-ride. If Rauner is smart, he’ll get out of the way if that’s what the legislature wants. He’s got bigger fish to fry.
- Rich Miller - Monday, Dec 15, 14 @ 6:18 pm:
=== your remarks about a special session are mistaken. The speaker and senate prez can call a special session w/ out the governor===
I never said they couldn’t. But MJM isn’t cooperating with Cullerton, so I don’t know how you can make all these suppositions. It’s ridiculous. You are the mistaken one.
- Great Caesar's Ghost! - Monday, Dec 15, 14 @ 6:22 pm:
Once a new Comptroller is sworn in can the legislature legally change the term and require a special election that diminishes the length of the term? Seems to me that the only plausibility may be to enact a law before the new Comptroller becomes official.
The law and Constitution may allow parameters to be set but I think that a law to clarify “until a successor is elected and qualified as may be provided by law” must be done proactively, not retroactively.
- Mama - Monday, Dec 15, 14 @ 6:33 pm:
It appears the real Bruce Rauner is finally making an appearance. We are in for a very long 4 years.
- jwscott72 - Monday, Dec 15, 14 @ 6:36 pm:
As much as it pains me to say this, the AG is right. There are two vacancies; the current Governor picks one and the Governor-elect picks the other. Rauner has to work on the premise that his appointment is for four year because there is no legislation pending on Quinn’s desk to the contrary. I would also agree with MJM that there is no need for the legislature to jump in with a special session only because they would half-ass the bill just to pass something (pension reform anyone?). Let it take six months, hold hearings and move it to Rauner in June or July. Plenty of time for court hearings, etc.. before the 2016 election. Deep breaths!
- A Modest Proposal - Monday, Dec 15, 14 @ 6:42 pm:
Just because he is proceeding like he is going to make a 4 year appointment doesn’t mean he isn’t readying for a special election appointment.
Also, I am on the side that thinks there should be “three” separate times this office is filled by three different people.
The first being a one month term that Quinn gets to appoint. Then a 22 month term that Rauner gets to appoint ending after the 2016 election is certified. Then a 26 month term ending in January of 2018 when the normal oaths of office take place.
- Mama - Monday, Dec 15, 14 @ 6:59 pm:
I can hear JBT saying, there is no RIP as long as the boys are fighting. I (JBT) will have to come back from the dead to straighten those boys out. For the love a God, let me rest in peace!
- Pot calling kettle - Monday, Dec 15, 14 @ 7:01 pm:
==He knows Rauner would not sign a bill calling for this special election==
All the more reason to wait until after Jan 12 and lay such a bill on Rauner’s desk. If he vetoes it, he looks bad, if the GA overrides, he looks even worse.
The concern about a special election law would be that if it is passed after the appointment, it might not apply to the appointed position this time. It would depend on how the law was written.
Quinn could call the GA in, but to what end? He can’t make them call a bill and vote on it.
- Oswego Willy - Monday, Dec 15, 14 @ 7:14 pm:
===“The constitution requires that Bruce appoint a comptroller to a four-year term and that is how we plan to proceed,” Rauner spokesman Mike Schrimpf said===
Reading this, I am so disappointed that a Crew that will have the power to do as they deem possible just can’t keep their big yaps shut at least until Thursday.
What is Schrimpf proving by overshadowing the memorial for the simple reason they think they are relevant. Today.
Bad form Schrimpf. Bad form.
- Frank - Monday, Dec 15, 14 @ 9:06 pm:
I’m not sure Madigan can call a special session because he adjourned sine die.
- walker - Monday, Dec 15, 14 @ 10:42 pm:
“”"Bad form Schrimpf, bad form.”"”
message of the week
The guy just cannot seem to get out of warfare mode.
- Pot calling kettle - Tuesday, Dec 16, 14 @ 12:03 am:
==I’m not sure Madigan can call a special session because he adjourned sine die.==
It simply means that no date was set to reconvene. While it is done on the last scheduled day of the session, Madigan can set another date if he wishes; “sine die” just indicates that no more days are scheduled.
- low level - Tuesday, Dec 16, 14 @ 7:37 am:
All I’m suggesting is it is ridiculous that Rauner try and dictate to Quinn whom the interim appointment will be. Special session or not, if Rauner wants to appoint for the whole 4 years, be my guest, Bruce. Talk about overreaching. Might it be that he knows turnout will be higher in 2016? Nah.
- sss - Tuesday, Dec 16, 14 @ 7:51 am:
I really like Sheila Simon’s proposal to appoint Frerichs. So we have a treasurer/comptroller. Crazy enough to be perfect.