Posted by Eugene Volokh:
Illinois Attorney General's Petition to Have Governor Removed:
http://volokh.com/archives/archive_2008_12_07-2008_12_13.shtml#1229109433
I haven't gotten a copy of [1]the petition; if you can point me to
one, please e-mail me at volokh at law.ucla.edu. In the meantime,
here's the provision of the [2]Illinois Constitution that seems to be
in play:
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.
The last sentence seems most relevant; I know of no Illinois statute
on the subject, so [3]Supreme Court Rule 382 appears to be relevant.
But neither the Constitution nor the Rule clarify what constitutes a
"disability," and whether the Governor's being prosecuted (but being
out on bail) qualifies. The [4]Capitol Fax Blog has more, but not much
more.
References
1.
http://thecaucus.blogs.nytimes.com/2008/12/12/illinois-ag-petitions-court-to-remove-blagojevich/
2. http://www.ilga.gov/commission/lrb/conent.htm
3. http://www.state.il.us/court/SupremeCourt/Rules/Art_III/ArtIII.htm#382
4. http://thecapitolfaxblog.com/2008/12/10/what-is-rule-382/
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