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* A few folks have posted this statute in comments lately and they should stop…
Madigan will remain Speaker until a successor is “elected and qualified”.
“(25 ILCS 10/2) (from Ch. 63, par. 23.2)
Sec. 2. The Speaker of the House and the President of the Senate, and the Chairman and members of the Senate Committee on Committees shall be considered as holding continuing offices until their respective successors are elected and qualified.”
* Scroll down to the very next section…
Sec. 3. At the convening of the House of Representatives and the Senate of each General Assembly the Secretary of State and the Governor, as required by the Constitution, shall call the House of Representatives and the Senate to order and shall preside until a Speaker and President are chosen and have taken their seats. For the purpose of the organization and operation of the House of Representatives, the rules adopted by and applicable to the regular session of the House of Representatives of the preceding General Assembly, insofar as such rules may be applicable, shall prevail and be the rules governing the House of Representatives of the General Assembly then convened, until such rules are changed or new rules adopted.
Emphasis added.
* Current House rules…
1. Election of the Speaker.
(a) At the first meeting of the House of each General Assembly, the Secretary of State shall convene the House at 12:00 noon, designate a Temporary Clerk of the House, and preside during the nomination and election of the Speaker. As the first item of business each day before the election of the Speaker, the Secretary of State shall order the Temporary Clerk to call the roll of the members to establish the presence of a quorum as required by the Constitution. If a majority of those elected are not present, the House shall stand adjourned until the next calendar day, excepting weekends, at the hour prescribed in Rule 29. If a quorum of members elected is present, the Secretary of State shall then call for nominations of members for the Office of Speaker. All nominations require a second. When the nominations are completed, the Secretary of State shall direct the Temporary Clerk to call the roll of the members to elect the Speaker.
(b) The election of the Speaker requires the affirmative vote of a majority of those elected. Debate is not in order following nominations and preceding or during the vote.
(c) No legislative measure may be considered and no committees may be appointed or meet before the election of the Speaker.
* From an attorney I respect…
The power of the Speaker of the Illinois House of Representatives derives from the Constitution and the House Rules. The Constitution requires that the House select a Speaker, with the Secretary of State presiding over the selection. It also gives the House the ability to establish its own rules. As a result, the Rules adopted by the members of the House dictate the process and procedure for electing a Speaker. Additionally, when a new General Assembly convenes, the Rules of the House from the prior session remain in effect until the new General Assembly adopts new rules or modifies the existing ones. Under the House Rules, no legislative measures can be considered and no committees can be appointed until a Speaker is elected. “Legislative measures” is broadly defined to mean anything brought before the House for consideration, including bills, amendments, resolutions, motions, etc. The effect is that once a new General Assembly convenes no business whatsoever can transpire until a Speaker is elected.
The General Assembly Operations Act provides that the Speaker shall hold office until the respective successor is elected and qualified. That provision was enacted, like many holdover statutes, to make sure that there is always someone holding the office for purposes of administrative necessities. Most importantly, that statute has no impact whatsoever on the actual process of selecting a Speaker or what business can occur within the House in the absence of a Speaker. It in no way alters the provision of the Rules that prevents the House from transacting any business. That provision can only be amended by a vote of the members of the House.
* And here’s what Madigan spokesman Steve Brown recently told Mark Maxwell when he looked into this angle…
“I have not heard that interpretation,” Madigan’s spokesman Steve Brown said. “History would tell you,” he said. Brown referenced the contentious 1975 election of the Speaker where the selection process was “basically all that happened. I don’t think there was any legislative activity.”
There was no activity.
* But there was a bit of fun…
Also from the election pic.twitter.com/HaGf7j1cuI
— Rich Miller (@capitolfax) December 12, 2020
"The freshmen members asked for a caucus. If you want one for the real old members, I'll give it" 🤣🤣🤣 pic.twitter.com/7RAeEwWoae
— Rich Miller (@capitolfax) December 12, 2020
* Related…
* Mark Brown: House Dems ‘crazy’ for challenging Mike Madigan? There’s precedent in Illinois.
posted by Rich Miller
Monday, Dec 14, 20 @ 11:16 am
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Thank you, Rich. If there is no majority for Speaker (or Senate Prez) they meet until a leader is chosen. If it takes 3 months, as it did in 1977 in the Senate, then forget any legislative activity
Secretary White May insist upon a nicer chair
Comment by low level Monday, Dec 14, 20 @ 11:23 am
Please bring back Father Casey.
Comment by Telly Monday, Dec 14, 20 @ 11:26 am
We went two years without a budget. Not a good sign of our politicians ability to negotiate.
Don’t like the caucus talk. Heard identity politics. Did not hear legislative goals. Pick a leader who can get us to a better land.
Comment by Last Bull Moose Monday, Dec 14, 20 @ 11:34 am
Onto the next conspiracy theory
Comment by Precinct Captain Monday, Dec 14, 20 @ 11:45 am
A vote to change that House Rule is not a vote for Madigan for Speaker. It might be easier to get to 60 in March to change a House Rule to allow business to happen. It would be a shame for House members to be so stubborn to not allow the business of the state to move forward just because a minority of members dig in their heels because they wanted something else.
Comment by Toothpicks and Ice Cream Monday, Dec 14, 20 @ 11:50 am
It’s about time this absurd rumor was debunked.
Comment by southsider Monday, Dec 14, 20 @ 11:50 am
Those tweets that history were epic. I love it.
Context and history, and a little humor. Perfect.
Comment by Oswego Willy Monday, Dec 14, 20 @ 11:51 am
I believe Speaker/Chairman Welch will continue in his role on the special investigative committee for some time…
Comment by Ok Monday, Dec 14, 20 @ 11:58 am
Good stuff! I can picture old Roscoe making that speech, too. He was a fixture in politics south of I-70 for decades. I used to see him back in the ’90s and early ’00s when I was working Lincoln Days and county fairs.
Comment by The Ford Lawyer Monday, Dec 14, 20 @ 12:01 pm
What makes me most uncomfortable is Secretary White’s endorsement of Madigan and how that might impact him chairing the sessions.
Comment by NIU Grad Monday, Dec 14, 20 @ 12:25 pm
== What makes me most uncomfortable is Secretary White’s endorsement of Madigan and how that might impact him chairing the sessions. ==
Come on. This comment is incredibly insulting to Secretary White
Comment by southsider Monday, Dec 14, 20 @ 12:36 pm
So if I understand it correctly: no business til the Speaker business is resolved.
That’s pretty interesting from the standpoint of tactics.
How do other commenters think this will play out irt? A plethora of candidates initially? One candidate from each caucus? Three candidates (for example), each supported by more than one caucus?
Comment by dbk Monday, Dec 14, 20 @ 12:37 pm
@Last Bull Moose: the legislature passed a budget every year Gov. Bruce was in office. The legislature knows how to negotiate; sometimes it’s the Executive that can’t state clearly what it wants.
Comment by Socially DIstant watcher Monday, Dec 14, 20 @ 12:39 pm
Should there be a lame duck session the house could amend the House Rules and take out Rule 1. (C). That would allow for the continuation of government but potentially could leave the Speaker in power. Quite the dilemma. Without a rule change and a protracted fight for Speaker Madigan can remain the Speaker but not govern. As I said in another post, he is playing the long game. Grind them down until they give him another term.
Comment by Nagidam Monday, Dec 14, 20 @ 12:59 pm
=A vote to change that House Rule=
Would be a ‘legislative action’ and those cannot take place before a new Speaker is chosen, per House rules. Try again.
Comment by Joe Bidenopolous Monday, Dec 14, 20 @ 1:06 pm
===Would be a ‘legislative action’===
Yep.
The desperation of some people is astounding.
Comment by Rich Miller Monday, Dec 14, 20 @ 1:07 pm
=A vote to change that House Rule=
===Would be a ‘legislative action’ and those cannot take place before a new Speaker is chosen, per House rules. Try again.===
A change to the house rules in a potential lame duck session is a legislative action that is applicable to this discussion. Try again.
Comment by Nagidam Monday, Dec 14, 20 @ 1:15 pm
===A change to the house rules in a potential lame duck session===
Yeah, you’re gonna get the 19 to disarm in the lame duck. Right. Keep dreaming.
Comment by Rich Miller Monday, Dec 14, 20 @ 1:16 pm
Rich,
I acknowledged the difficulty and dilemma in my post. Don’t change the rule and potentially have the problem of no governance. Change the rule and potentially have Speaker Madigan. Who blinks first, the Black Caucus or the Noble 19.
Comment by Nagidam Monday, Dec 14, 20 @ 1:21 pm
SDW. Not having Rauner in the mix helps. This crowd is used to negotiating under Madigan’s leadership. This is new territory.
Comment by Last Bull Moose Monday, Dec 14, 20 @ 1:24 pm
The unhappy intersection of “sticky wicket” and “here there be monsters.”
– MrJM
Comment by @misterjayem Monday, Dec 14, 20 @ 1:45 pm
Maybe I’m a neophyte here, but I think people are misunderstanding the need for the Speaker election before any other business is undertaken. The Speaker sets the session agenda. Without a Speaker, who is elected by a majority, then leading a session agenda is really difficult if not chaotic. This is why there will be a lot of calls and caucusing over the next few weeks. The idea of circumventing the voting rule just delays an agenda impasse. There’s no room for a later delay when there are budgets that need fixing; both the current fiscal year and the next.
Comment by From DaZoo Monday, Dec 14, 20 @ 2:00 pm
=== There’s no room for a later delay when there are budgets that need fixing; both the current fiscal year and the next. ===
“Need”
House members believe selecting the next Speaker is more important than passing the next budget.
Someone needs to convince either the majority of Democrats that they are wrong, or the minority.
Comment by Thomas Paine Monday, Dec 14, 20 @ 2:52 pm
===House members believe selecting the next Speaker is more important than passing the next budget.===
From their standpoint, the two issues may not be exclusive. This session has a couple of known big issues to be worked on. “The 19″ have come now come together with one voice to say the point person should not be Madigan.
When one person does not have the vote, caucuses get loud with all the noise. The convincing part over the next few weeks will be that, lots of noise. The Black Caucus tried to head off the noise early by seeing if there was anybody they liked who would be willing to come out of the wood work. Unfortunately given how the stage is set, this is going to take a while.
The question that remains to see is if all this drama will lead to something significant or will it end with “…full of sound and fury. Signifying nothing.”?
Comment by From DaZoo Monday, Dec 14, 20 @ 4:05 pm