| | Burris loses petition to Illinois Supreme Court
 A new Illinois Supreme court ruling swings both ways for would-be Illinois Senator Roland Burris. The Court just ruled the Secretary of State need not sign off on his appointment, but refused to force the Secretary to sign.
According to Senate Majority Leader Harry Reid (D-NV), the Senate has never seated a senator who did not get the approval of his/her home state's Secretary of State.
The court's ruling, via Capitol Fax, follows.
Because the Secretary of State had no duty under section 5(1) of the Secretary of State Act (15 ILCS 305/5(1) (West 2006)) to sign and affix the state seal to the document issued by the Governor appointing Roland Burris to the United States Senate, Petitioners are not entitled to an order from this court requiring the Secretary to perform those Acts. Under the Secretary of State Act, the Secretary’s sole responsibility was to register the appointment (15 ILCS 305/5(2) (West 2006)), which he did. No further action is required by the Secretary of State or any other official to make the Governor’s appointment of Roland Burris to the United States Senate valid under Illinois law. Moreover, to the extent that additional proof of the validity of the appointment is necessary, Illinois law provides a mechanism for obtaining it without the need for judicial intervention.
For the foregoing reasons, petitioners’ request for issuance of a writ of mandamus is denied. Mandate to issue forthwith.
Correction: An earlier version of this article incorrectly identified Burris' state. It has been corrected in this version.
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