I just did some brief research to see what can happen next with Blago. In general, it is fairly straight forward.
My Source:
http://www.ilga.gov/...
Article IV, Section 5 - Sessions
(a) The General Assembly shall convene each year on the second Wednesday of January. The General Assembly shall be a continuous body during the term for which members of the House of Representatives are elected.
(b) The Governor may convene the General Assembly or the Senate alone in special session by a proclamation stating the purpose of the session; and only business encompassed by such purpose, together with any impeachments or confirmation of appointments shall be transacted. Special sessions of the General Assembly may also be convened by joint proclamation of the presiding officers of both houses, issued as provided by law.
(c) Sessions of each house of the General Assembly and meetings of committees, joint committees and legislative commissions shall be open to the public. Sessions and committee meetings of a house may be closed to the public if two-thirds of the members elected to that house determine that the public interest so requires; and meetings of joint committees and legislative commissions may be so closed if two-thirds of the members elected to each house so determine. (Source: Illinois Constitution.)
Key part has been bolded. It is clear that the Illinois legislature can call themselves into session as needed if the presiding officers issue a joint proclamation.
Article IV, Section 9
SECTION 9. VETO PROCEDURE (a) Every bill passed by the General Assembly shall be presented to the Governor within 30 calendar days after its passage. The foregoing requirement shall be judicially enforceable. If the Governor approves the bill, he shall sign it and it shall become law. (b) If the Governor does not approve the bill, he shall veto it by returning it with his objections to the house in which it originated. Any bill not so returned by the Governor within 60 calendar days after it is presented to him shall become law. If recess or adjournment of the General Assembly prevents the return of a bill, the bill and the Governor's objections shall be filed with the Secretary of State within such 60 calendar days. The Secretary of State shall return the bill and objections to the originating house promptly upon the next meeting of the same General Assembly at which the bill can be considered. (c) The house to which a bill is returned shall immediately enter the Governor's objections upon its journal. If within 15 calendar days after such entry that house by a record vote of three-fifths of the members elected passes the bill, it shall be delivered immediately to the second house. If within 15 calendar days after such delivery the second house by a record vote of three-fifths of the members elected passes the bill, it shall become law. (d) The Governor may reduce or veto any item of appropriations in a bill presented to him. Portions of a bill not reduced or vetoed shall become law. An item vetoed shall be returned to the house in which it originated and may become law in the same manner as a vetoed bill. An item reduced in amount shall be returned to the house in which it originated and may be restored to its original amount in the same manner as a vetoed bill except that the required record vote shall be a majority of the members elected to each house. If a reduced item is not so restored, it shall become law in the reduced amount. (e) The Governor may return a bill together with specific recommendations for change to the house in which it originated. The bill shall be considered in the same manner as a vetoed bill but the specific recommendations may be accepted by a record vote of a majority of the members elected to each house. Such bill shall be presented again to the Governor and if he certifies that such acceptance conforms to his specific recommendations, the bill shall become law. If he does not so certify, he shall return it as a vetoed bill to the house in which it originated. (Source: Illinois Constitution.)
In a nutshell, a bill passed by the legislature has 30 days to reach the Governor. The Governor can wait up to 60 days to sign it or it automatically becomes law. A veto can be overridden within 15 days (for each house) by a 3/5ths vote in both houses.
Article IV, Section 14
SECTION 14. IMPEACHMENT The House of Representatives has the sole power to conduct legislative investigations to determine the existence of cause for impeachment and, by the vote of a majority of the members elected, to impeach Executive and Judicial officers. Impeachments shall be tried by the Senate. When sitting for that purpose, Senators shall be upon oath, or affirmation, to do justice according to law. If the Governor is tried, the Chief Justice of the Supreme Court shall preside. No person shall be convicted without the concurrence of two-thirds of the Senators elected. Judgment shall not extend beyond removal from office and disqualification to hold any public office of this State. An impeached officer, whether convicted or acquitted, shall be liable to prosecution, trial, judgment and punishment according to law. (Source: Illinois Constitution.)
Straightforward here. House of Reps conducts an investigation and can impeach the Governor with a majority vote. The trial is done by the senate with the Chief Justice presiding over the trial. 2/3rds vote required in the Senate to remove from power.
Article 5, Section 6
SECTION 6. GUBERNATORIAL SUCCESSION (a) In the event of a vacancy, the order of succession to the office of Governor or to the position of Acting Governor shall be the Lieutenant Governor, the elected Attorney General, the elected Secretary of State, and then as provided by law. (b) If the Governor is unable to serve because of death, conviction on impeachment, failure to qualify, resignation or other disability, the office of Governor shall be filled by the officer next in line of succession for the remainder of the term or until the disability is removed. (c) Whenever the Governor determines that he may be seriously impeded in the exercise of his powers, he shall so notify the Secretary of State and the officer next in line of succession. The latter shall thereafter become Acting Governor with the duties and powers of Governor. When the Governor is prepared to resume office, he shall do so by notifying the Secretary of State and the Acting Governor. (d) The General Assembly by law shall specify by whom and by what procedures the ability of the Governor to serve or to resume office may be questioned and determined. The Supreme Court shall have original and exclusive jurisdiction to review such a law and any such determination and, in the absence of such a law, shall make the determination under such rules as it may adopt. (Source: Illinois Constitution
Vacancy will be filled by the Lieutenant Governor in this case for the remainder of the term or the "disability" is removed. In theory the Governor could step aside and let the Lieutenant Governor take over as acting Governor. Also in theory, the legislature has had the power to pass laws concerning the how the Governor can stay in office and the Supreme Court has the power to review such a law. In fact, it almost sounds like the Supreme Court could decide even with the absense of such a law.
Article 13, Section 1
SECTION 1. DISQUALIFICATION FOR PUBLIC OFFICE A person convicted of a felony, bribery, perjury or other infamous crime shall be ineligible to hold an office created by this Constitution. Eligibility may be restored as provided by law. (Source: Illinois Constitution.)
Self explanatory. Unfortunately, I doubt he will be convicted in time for this to matter.
A summary of my findings:
- Without a doubt, the legislature can call a special session at any time if the presiding officers issue a joint proclamation.
- The legislature has 30 days after passing a bill to send it to the Governor. The Governor has 60 days to sign/veto the bill or it becomes law automatically.
- Any veto can be overridden within 15 days by 3/5ths vote in both parts of the legislature.
- Impeachment happens with a House investigation and a majority vote to impeach. The Senate does a trial with the Chief Justice presiding over it. 2/3rds vote in the Senate required to remove the Governor from power.
- The Lieutenant Governor becomes Governor if the seat is vacant for the remainder of the term or if the "disability" is removed.
- In theory, the Legislature has had the power to pass laws that govern how the Governor can serve/resume in office and the Supreme Court can review such a law to see if they apply in this case, even if such a law doesn’t exist!
- Anyone convicted of bribery, felony, perjury, or other crime is not eligible for office.
So fastest way outside of the Governor resigning (or throwing everyone for a loop by actually signing special election legislation) to prevent a Senate appointment by Balgo? Impeachment.