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Discussion Starter · #22 ·
Yes, the law is clear. An appointed Senator must provide documentation signed by his state's governor and secretary of state. Mr. Burris does not have this.
Apparently, even this point is not clear.

"Reid said that he is waiting for a ruling from the Illinois high court on whether the Illinois secretary of state needs to sign the certificate of appointment for Burris, who is seeking to succeed President-elect Barack Obama in the Senate."

https://www.cnn.com/2009/POLITICS/01/07/illinois.senate/index.html
 

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Apparently, even this point is not clear.

"Reid said that he is waiting for a ruling from the Illinois high court on whether the Illinois secretary of state needs to sign the certificate of appointment for Burris, who is seeking to succeed President-elect Barack Obama in the Senate."

https://www.cnn.com/2009/POLITICS/01/07/illinois.senate/index.html
But they also said the rule has been in place since 1884 and has never been waived under any circumstances.

I think it's more likely that the court would compel the Secretary of State to sign, as they don't have the jurisdiction to tell the Senate to make an exception to their constitutionally-granted right to set rules.
 

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^^At this point, even Senator Durbin is saying Burris should not/will not be seated, saying the Senate will wait for Blagojevich's successor to make an appointment...and this three ring circus continues!
 
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