I wouldn't have said it this way...

The Star-Trib sees a problem for Franken:

Democratic leaders made Burris' claim on the seat contingent on his ability to secure a formal election certificate from the state of Illinois, a document Franken will not have until Norm Coleman's election challenges in Minnesota have been exhausted.

Senate Majority Leader Harry Reid, D-Nev., in announcing a deal to seat Burris provisionally, said an election certificate is a "vital" requirement that has never been waived in modern history.

"This has been a rule in the United States Senate since 1884," said Assistant Senate Majority Leader Dick Durbin, D-Ill. "We have never, ever waived the rule for any election or appointment. Everyone has to present a certificate signed by the governor, co-signed by the secretary of state.. . So it's an important rule, and one not easily challenged or waived."

Welllll.....

How "modern" do you mean? Or maybe, which rule?

From Riddick's Senate Procedure, p. 698 (PDF):

Irregularities in Certificate Waived

In 1910, an irregularity in the form of a certificate of appointment of a Senator to fill a vacancy caused by a resignation was waived by the Senate where the material facts were set forth therein, and the oath was administered to the appointee.¹⁰

¹⁰ Feb. 1, 1910, 61-2, Record, pp. 1319-20.

Feb. 1, 1910. That would have been Sen. William E. Purcell of North Dakota.

Now, we don't know without access to the Feb. 1, 1910 Record exactly what the irregularity was, but surely the material facts of Burris' appointment are set out in his certificate, no? And there's no disputing the meaning of the fact that the irregularity, whatever it was, "was waived by the Senate."

The House, which derives its power to decide on the elections, returns and qualifications of its members from the same constitutional source as the Senate, has a longer history of waiving the rules when it wants to. Deschler's Precedents lists numerous examples of Members being sworn in on the basis of letters and telegrams, or even where no credentials or any substitute had yet arrived at all.

Damn Cheeto-munchers!