UPDATE: Title corrected - I had mistakenly indicated that Geoghegan was trying to invalidate Burris' appointment; rather, he's trying to force the state to do a special election rather than let him sit in office as an unelected Senator for Illinois for the remainder of Obama's term (almost two years)
Even if Tom Geoghegan doesn't win next Tuesday (something that he certainly could do with enough local grassroots support and nationwide netroots pitching in with last minute cash or phonebanking), he has been the most effective voice in eliminating undemocratic and unconstitutional Senate appointments by governors to fill vacancies instead of holding special elections. Burris got appointed not on a temporary basis until the people of IL could vote on a replacement, but to fill the rest of the term. I really appreciate that Geoghegan is going to bat to fight having an unelected Senator in place for two years. I first heard his interview on Thom Hartmann's show on this very subject and he's been making a stink about it since.
He's just filed suit to force his home state of Illinois to hold a special election to fill President Obama's old Senate seat currently occupied by Roland Burris.
From the press release:
"The 17th Amendment is very clear. It states in the case of a vacated Senate seat, the governor ’shall issue writs of elections to fill such vacancies.’ This has not been done. We want State of Illinois to call a special election as required by the U.S. Constitution," said Thomas Geoghegan, co-counsel.
The appointment of Roland Burris by since impeached Governor Rod Blagojevich has been controversial from the beginning. Over the last week, a growing chorus of public officials have called for Burris to resign.
The 17th Amendment was one of the fundamental political reforms of America’s Progressive era. It provided for direct election of Senators by the people and calls for a special election to fill any mid-term vacated seat.
This is not some pre-election stunt - Geoghegan has been front and center on this as soon as the vacancy happened and getting on the national stage to bring a democratic selection back to the process - something required by the U.S. Constitution.
Tom Geoghegan is a Chicago lawyer, author, and candidate for U.S. Representative from Illinois’ fifth district. Geoghegan was the first to argue that then Governor Blagojevich was under a constitutional obligation to hold a special election to fill the Senate vacancy.
In January, Goeghegan wrote in the New York Times about the need to hold a special election to replace not just Barack Obama, but all Senate seats that are vacated. Geoghegan has also pointed out the 17th Amendment’s requirement for special elections is a federal mandate and that the US government should pick up costs for any state which must hold a special election to fill a vacant senate seat.
If you've not heard from Tom Geoghegan yet, hear him explain why he's running. He speaks plainly and doesn't hedge.
UPDATE2: There's been criticism in the comments of Geoghegan's effort here as being frivolous or grandstanding. This issue is not one that Geoghegan just decided today to do something about. He's been pushing this since the vacancies started occuring, and is sticking up for the people's right to choose who governs them. I guess you can question his sincerity if you like, but I believe he's stood on principle in the past in his career and I believe he's doing the same here.
As to this effort being frivolous - just last night, Illinois AG Lisa Madigan put out an opinion that didn't see it that way. If there are legal scholars or others of repute that have dismissed Geoghegan's argument, please share in comments. Happy to have discussion about it.