AG Madigan: Legislature CAN Require an Election to Fill Senate Seat Held by Burris

Legal Opinion Issued by Attorney-General Lisa Madigan Regarding Whether the Illinois Legislature Can Write a Law to Require an Election to Fill Senate Seat Now Held by Sen. Burris. Issued February 24, 2009

"It is my opinion that the legislature may pass a law allowing the people of Illinois to elect a U.S. senator to fill the seat vacated by President Barack Obama. Such a law would be consistent with the U.S. Constitution. The 17th Amendment expresses a clear preference for having the people of a state elect their U.S. senators.

In keeping with the purpose of this amendment, the legislature may constitutionally change the current law to set an earlier date for the election to this U.S. senate seat. I am providing this opinion to offer guidance to the legislature as they consider this issue.”