Dear Neighbor,

 

This week the House of Representatives began impeachment proceedings against Governor Blagojevich.  This is the first impeachment of a Governor in Illinois history.  The House passed a resolution creating a 21 member impeachment committee (12 Democrats, 9 Republicans) to investigate possible grounds for impeachment and make a recommendation to the full House on whether or not to impeach.  Click here to read the House resolution.

 

It is important to note that the impeachment proceeding is distinct from the criminal investigation undertaken by the U.S. Attorney; it is not a criminal trial.  There are no standards for due process in the Illinois Constitution or State Statutes.  The only requirement for the House to impeach the Governor is a simple majority of the vote (60 of the 118 members).  The House Resolution provides grounds to be considered for impeachment, including official misconduct alleged by the U.S. Attorney, abuse of official position, political hiring or firing of state employees, pay to play allegations and acts performed without legal authority.

 

While the House intends to move with deliberate speed, they will take care to provide for a fair and transparent process and avoid conflict with the U.S. Attorney's investigation.  As the first Gubernatorial impeachment in Illinois, these proceedings set precendent as well.  It is unclear at this point when the Impeachment Committee will complete its work.

 

Should the House vote to impeach, the Senate will try the Governor with the Chief Justice of the Supreme Court presiding.  Conviction requires a vote of two-thirds (40 of 59 members) of elected Senators.  This week the Senate passed a resolution creating a committee to establish the rules for this trial, so that we are prepared if the House votes to impeach.  Click here to read the senate resolution.

 

The Illinois Attorney General, Lisa Madigan, also brought a motion before the Illinois Supreme Court asking the Court to declare the Governor disabled and temporarily unable to hold office or to exercise certain duties as Governor.  Yesterday the Supreme Court declined to hear the case.

 

At this time it is unclear if the Governor will resign or step aside.  If he resigns, the Lt. Governor becomes Governor and the Governor loses his pay and benefits (although in the absence of impeachment or criminal conviction he would remain eligible for his pension).  If the Governor steps aside, he may be eligible to maintain his salary and benefits while the Lt. Governor serves as acting Governor.  Impeachment can continue whether or not the Governor resigns or steps aside.

 

We did not act this week to strip the Governor of his power to appoint someone to fill the vacant U.S. Senate seat.  Harry Reid, the majority leader of the Senate, has indicated he will not seat anyone who the Governor appoints, and the Governor's legal defense attorney has stated that the Governor will not act to fill this seat.  Thus the threat of the Governor trying to fill this vacancy no longer exists.  We have some time over the holidays to see if the Governor resigns or steps aside before the U.S. Senate reconvenes in the new year.  There is no perfect solution for filling the vacant Senate seat.  I continue to prefer conducting a special election despite its downsides, but there is no consensus on this in Springfield.

Sincerely,

Heather A. Steans
State Senator