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Unclear on the concept
Thursday, Jan 8, 2015 - Posted by Rich Miller * From the twitters…
Um, dude, it’s pretty likely that the only person with standing to sue for shortening her term and thereby depriving her of her property rights would be the comptroller herself. And Comptroller-designate Munger has said she is fine with whatever the GA does. …Adding… From Louis Atsaves in comments…
He may, indeed have standing. But Rauner’s been awful quiet about Madigan’s move so far. We’ll see.
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- northernwatersports - Thursday, Jan 8, 15 @ 10:57 am:
Murphy. What a ding-a-ling. One lawyer trumpeting his opinion so that his other lawyer friends step up and file suit. Doesn’t he know how to read the tea leaves after 8 years in Springfield? Sheeesh
- Ghost - Thursday, Jan 8, 15 @ 10:58 am:
I have a tea cup in which this tempest can be unleashed. The vessel is small and should still be more then sufficient for the contents
- Oswego Willy - Thursday, Jan 8, 15 @ 10:58 am:
“Sen. Murphy,
Stop.
Sincerely,
Common Sense”
This is not the rational voice I know Sen. Murphy to be…
- VanillaMan - Thursday, Jan 8, 15 @ 10:59 am:
If the legislature was filled with judges, do you think we can start bypassing courts for final decisions on legislative actions?
- CircularFiringSquad - Thursday, Jan 8, 15 @ 11:03 am:
A battle of wits and Matt enters the combat zone unarmed …once again.
- Louis G Atsaves - Thursday, Jan 8, 15 @ 11:04 am:
Somehow, I think the Governor, who is having this constitutional power stripped from him by statute, would also have standing.
- Oswego Willy - Thursday, Jan 8, 15 @ 11:08 am:
- Louis G. Atsaves -,
There is plenty of room for legislative relief.
Where are the links, - Louis G. Atsaves -, where are all those “Failure” articles, lol.
- walker - Thursday, Jan 8, 15 @ 11:08 am:
Matt Murphy might just be reporting what he’s been told has already been planned. Certainly hope he doesn’t really believe they have a good chance of winning.
If the real goal of the new team is to blow up the governing processes, this suit would help.
The issue does go beyond Munger and her individual rights. The Governor’s office would an the aggrieved party, I think.
- Louis G Atsaves - Thursday, Jan 8, 15 @ 11:16 am:
“There is plenty of room for legislative relief.”
At the expense of the current constitutional power of the governor?
- Ron Burgundy - Thursday, Jan 8, 15 @ 11:17 am:
I don’t think they have a legal leg to stand on as Comptroller Munger has not been sworn in yet. If she had been, that would be a different story, thus the rush to get it done before she is. As for any infringement on Gov-elect Rauner’s power, the Constitution already provides that such special elections can be created by statute, and such a statute requires the Governor’s signature or an override of a veto. Here, the power of the pen is with the sitting Governor, Pat Quinn (until next week).
Bottom line — Don’t sue over this. You’ll waste resources and goodwill, and lose.
- Oswego Willy - Thursday, Jan 8, 15 @ 11:18 am:
- Louis G. Atsaves -,
How so? It gives a “legislative remedy” avenue, does it not?
How are those links coming?
- Ghost - Thursday, Jan 8, 15 @ 11:25 am:
Technically the “constituional power” of the govenor is not defined as placing somone in the jon for a specific number of years. The authority is just to appoint. The gov appointed so no diminshment of the prescribed “power”. Now if the constitution said he can appoint to a 4 year term, the. You have an argument.
- PublicServant - Thursday, Jan 8, 15 @ 11:33 am:
The governor’s constitutional power to appoint is not being touched. The legislature is using its constitutional power to schedule a special election “as may be provided by law”. The elected comptroller has died and the legislature is giving the people the opportunity to pick a replacement to an elected office as soon as is practicable.
As for Murphy’s/Radogno’s “Naked Power Grab” assertion, what a joke. No one is stopping the Republicans from running/backing whomever they’d like for the job in 2016. To say that their voters don’t have the outsized voice that they have in off presidential years and because of that the people can’t select their own comptroller until the right mix of voters is attained is the only naked power grab going on here.
- Norseman - Thursday, Jan 8, 15 @ 11:40 am:
Willy, as you know this is about politics. The Dem political position happens to more consistent with small “d” democratic principles. The GOP position is about electability of Republicans. Murphy is being a good partisan soldier. Commonsense has nothing to do with it.
- Bill White - Thursday, Jan 8, 15 @ 11:49 am:
I’m waiting for someone to go “Bost-al” on the floor, today.
- Wordslinger - Thursday, Jan 8, 15 @ 11:50 am:
Rauner would be crazy to waste time on this. He’s got a big job ahead of him.
Speaking of which, he’s going to to be asking Murph and the Magictones to do some heavy lifting pretty soon. Enjoy today. Your role in the General Assembly is going to change dramatically starting next week.
- Law Dude - Thursday, Jan 8, 15 @ 11:50 am:
Neither of them are having anything taken away. By law, the vacancy (and appointment) do not exist until Monday. This was something that Rauner and his lawyers loudly argued (when arguing that Quinn could not appoint someone for both the next month and the 4 year term). We have a Comptroller right now and there is no vacancy.
So neither Munger or Rauner have standing, if this is passed and signed today.
Nice try, though.
- Oswego Willy - Thursday, Jan 8, 15 @ 11:51 am:
- Norseman -,
Again, you are my “Devil’s Advocate” I need.
You are very right. I understand the role, I do understand the purpose of the actions, in this case, the Tweet.
If I kmow that, and even respect the role, why the beef?
It’s larger than Munger, today, this appointment.
At some point doing what is right how beyond the partisan posturing, especially if it can be framed later as a partisan power grab, or even giving a stench of fear of facing the voters.
Where Munger has been genius is that now brubg afraid to face the voters, she will come from a position of strengh, wanting to be judged.
Imagine if Munget agreed with Murphy and Sandack, the Bill passes, then in the Primary, and if Munger makes it out to the General,
“Leslie Munger didn’t want the voters to judge her. Munger’s Republican buddies didn’t want the people to have a voice….”
Too much downside.
Thanks - Norseman - for calling me on it. You are a touchstone for me, even when you don’t know it.
- Don't Worry, Be Happy - Thursday, Jan 8, 15 @ 11:53 am:
I am not a lawyer, but as long as the bill is passed and signed before Monday I don’t understand why there would an legal concerns. The vacancy and the subsequent appointment don’t occur until then, so why should it matter if a special election requirement was placed in statute two days before or two decades before? Rauner has announced the appointment, but that’s different from actually appointing Munger, which can’t happen until Monday at Noon.
- okgo - Thursday, Jan 8, 15 @ 11:57 am:
Maybe some at-will employees may have standing?
- Norseman - Thursday, Jan 8, 15 @ 12:04 pm:
Willy, I understand your point. There needs to be better leadership in the party to filter their political needs to avoid taking positions that are in opposition to good governance. I would add that the party is also too wed to the one percenters to improve their position among the electorate.
- anon - Thursday, Jan 8, 15 @ 12:05 pm:
Murphy is wrong. I agree with Wordslinger about the GOP heavy lifting that starts shortly. That’s something Murphy and most of his colleagues have never had to do. Best of all, they’ll have to eat their own words when they vote for tax hikes.
- JS Mill - Thursday, Jan 8, 15 @ 12:16 pm:
@ - Louis G Atsaves - I am not sure I agree with your thinking here. The governor still makes the appointment so his power is intact. There is at least some doubt as to the permanence of the appointment (full term or until a special election) that it is unlikely that he would prevail and, as I stated before, h e does get to make the appointment. It is an elected position so that probably means the one person with standing is Munger. But, put two lawyers in a room and you know what happens..
- Bill White - Thursday, Jan 8, 15 @ 12:16 pm:
Leslie Munger telling her GOP colleagues to stand down on this is a terrific start to her 2016 campaign.
Some GOP chirping is good but I think we’ve passed that point already.
Stand down, praise Leslie Munger for her class and common sense and just move along already.
- The Dude Abides - Thursday, Jan 8, 15 @ 12:18 pm:
Sometimes I wonder how these guys get elected. If an average joe like me is knowledgeable enough to know that the special election rule is legal why doesn’t one of our state Senators
realize this. Murphy is known for shooting from the hip first and gathering facts later and this appears to be another example of this. It’s all about confrontation first and common sense later with a lot of these people.
- walker - Thursday, Jan 8, 15 @ 12:22 pm:
Murphy is a decent guy in many ways. Murphy has always been a great political talker. We’ll soon see if he can walk that talk, and can carry any serious load on behalf of the new Governor.
- Oswego Willy - Thursday, Jan 8, 15 @ 12:22 pm:
- Norseman -,
A few adult beverages, a couple napkins and a pen… (Sigh)
I just wish the knee jerk approach slows now with Rauner in the Big Chair, and the ILGOP GA members active in governing and understanding the politics as they go too.
- walker - Thursday, Jan 8, 15 @ 12:36 pm:
Any early bets on whether the clock get stuck on Midnight this Session?
- anon - Thursday, Jan 8, 15 @ 12:40 pm:
O.W. is right. GOP legislators now have responsibility for governing. Their days of pushing the red button on anything controversial are over. Time to pull up their Big Boy pants.
- Norseman - Thursday, Jan 8, 15 @ 12:45 pm:
=== Any early bets on whether the clock get stuck on Midnight this Session? ===
That’s a sucker’s bet. It’s no. As you probably know, this isn’t done anymore. But your point is well taken in that we will probably going a little long this year.
- North Shore Joe - Thursday, Jan 8, 15 @ 12:52 pm:
Madigan tries to send a message today but Rauner doesn’t take the bate. Well played by both sides.
Let the gamesmanship begin, folks.
- low level - Thursday, Jan 8, 15 @ 12:59 pm:
Louis A, M. Murphy, Sandack and whoever else.
You guys aren’t helping your cause and are coming off badly.
But if you insist, go right ahead.
- Louis G Atsaves - Thursday, Jan 8, 15 @ 1:03 pm:
low level: Who is coming across badly, those insisting on amending the constitution, or those lame duckers who are “declaring an emergency” and pushing a rushed bill to a lame duck governor to sign?
“Emergency?”
I can recall how legislative pay was unconstitutionally cut off, causing the legislature to look bad by going to court to enforce their constitutional rights to get paid.
Show me who truly has “the high road” here.
- Demoralized - Thursday, Jan 8, 15 @ 1:04 pm:
It’s just absolutely ridiculous to fight this.
==At the expense of the current constitutional power of the governor?==
Nobody is stripping the Governor of any power. Care to explain how this will do that? You can’t because it doesn’t.
Do you really want to be the guy fighting AGAINST an election?
- Demoralized - Thursday, Jan 8, 15 @ 1:04 pm:
==Show me who truly has “the high road” here.==
Oh stop being a victim. This is partisan on both sides. There isn’t one side or the other that can claim the “high road” and anybody that thinks there is, is full of crap.
- Oswego Willy - Thursday, Jan 8, 15 @ 1:14 pm:
- Louis G. Atsaves -,
Just admit you have no links, please.
To the “Adding…”
The key is Rauner’s silence, while the minions like Sandack and Murphy take the heat.
Yep, things are changing.
- Demoralized - Thursday, Jan 8, 15 @ 1:16 pm:
==“Emergency?”==
I’d consider the death of a Constitutional officer to be an “emergency.” But, hey, that’s just me. I don’t have the brilliant legal brain that you do.
- Norseman - Thursday, Jan 8, 15 @ 1:26 pm:
That was kinda anticlimactic. I expected a long rhetoric filled debate. Perhaps some realization on the part of the GOP that they’re not looking too good on this.
- Oswego Willy - Thursday, Jan 8, 15 @ 1:30 pm:
===That was kinda anticlimactic. I expected a long rhetoric filled debate. Perhaps some realization on the part of the GOP that they’re not looking too good on this.===
That would be my hope;
Vote no, move on.
Monday is just around the corner…
- Tidbit - Thursday, Jan 8, 15 @ 1:33 pm:
I think 2015 may bring with it public financing of campaigns. At least statewide campaigns. The comptroller’s race in 2016 would be a great pilot project.
- Stickman - Thursday, Jan 8, 15 @ 1:40 pm:
Through all the constitutional speculation over the past weeks has anyone read Article V Section 2 of the Illinois constitution.
As far as a lawsuit, I think it should happen in order to clean up the constitutional language on the matter.
- Rich Miller - Thursday, Jan 8, 15 @ 1:46 pm:
Stickman, we’ve done that several times. You must be new here.
- Norseman - Thursday, Jan 8, 15 @ 2:10 pm:
Durkin is doing his best lawyer job obfuscating the constitutional issue. Sadly I say, but he’s doing his partisan thing.
He did throw in a new issue by discussing whether the amendment was germane. That is an issue that can be pursued should the GOP make the wrong decision to challenge the special election. However, I doubt that the SC would invalidate the law based solely on germaneness.
- Oswego Willy - Thursday, Jan 8, 15 @ 2:22 pm:
Yikes, Reis!
- Oswego Willy - Thursday, Jan 8, 15 @ 2:29 pm:
Rep. Dwight Kay is a Dope!
- Norseman - Thursday, Jan 8, 15 @ 2:30 pm:
Double Yikes Kay! If I was still considering myself a Republican, I’d be embarrassed.
- Oswego Willy - Thursday, Jan 8, 15 @ 2:38 pm:
“The only difference between heaven and hell is the management.” - Rep. Dwight Kay
He is a mess.
- Norseman - Thursday, Jan 8, 15 @ 2:39 pm:
“Heaven and” and Hades. Really, Kay is embarrassing the caucus. Shut him up Durkin lest you look like a bigger joke than previous leadership. MJM just asked membership to give their attention to Kay. That is a very tough task to pay attention with a straight face.
- Norseman - Thursday, Jan 8, 15 @ 2:44 pm:
=== “The only difference between heaven and hell is the management.” - Rep. Dwight Kay ===
Clearly a principle that should be taught in all management classes. LOL
- Wordslinger - Thursday, Jan 8, 15 @ 2:55 pm:
Nothing quite like bad,opera in the GA.
- Norseman - Thursday, Jan 8, 15 @ 2:58 pm:
Word, I think today qualifies more as a sit-com.
- Skeptic - Thursday, Jan 8, 15 @ 3:25 pm:
“In the House, GOP says it’s meant to “strip” the new gov of his power.” Gotta chuckle about that one…he isn’t even Governor. His signature means nothing until Monday.
- Yellow Dog Democrat - Thursday, Jan 8, 15 @ 3:53 pm:
There may indeed be a legal challenge around the corner.
But I doubt it, and I doubt even more that it can be won.
- Bill White - Thursday, Jan 8, 15 @ 3:58 pm:
What the IL GOP overlooks is that Mr. Stermer does not have to resign.
I believe that to resign is wise and is in the public interest but if he refuses to resign I remain uncertain how that court case turns out.
Stermer’s resignation on Monday together with bi-partisan acceptance of the 2016 special election are both in the public interest.
- Rich Miller - Thursday, Jan 8, 15 @ 4:06 pm:
===Stermer does not have to resign===
His term ends at the end of his state bond, which is Monday at noon.
- Rich Miller - Thursday, Jan 8, 15 @ 4:11 pm:
And I hate to keep bringing this up, but if you had subscribed you’d know that.
- low level - Thursday, Jan 8, 15 @ 5:05 pm:
Reis closing by saying he “hopes the media will report…”
You mean the non God fearing, gun hating liberal media you guys always talk about, Dave? LOL.
- Oswego Willy - Thursday, Jan 8, 15 @ 5:14 pm:
From the Faux “Twitterverse”…
@FakeRepReis - to @FakeRepKay, thamk you so much for taking after me! Thank you! #LastCrazyEordsFloating
@FakeRepKay - I wom the day today! #ThinkAboutIt
@FakeRonSandack - these past few months it’s been fun becoming all that I use to despise #IndependentLemming
@FakeBruceRauner - thanks to my Raunerite minions for making a case for me. #YourCredibilityForMyFavor #Silence
- Yellow Dog Democrat - Thursday, Jan 8, 15 @ 6:46 pm:
I did not realize they were holding open auditions for Mike Bost’s job today.
- Dupage moderate - Thursday, Jan 8, 15 @ 9:14 pm:
Who cares?