Can A Governor Give An Order To A States Secretary of State?

Question

If you keep up with the news, we all know about (Senator) Burris, and Illinois Secretary of State Jesse White won't certify Burris' appointment made by the Governor.

So can the siting Governor "trump" or make an executive order for the SOS to clear Mr. Burris' credentials for U.S. Senate

Answer 1

Favorite Answer

In Illinois, the SOS is independent, and not under the control of the governor.

However, I have a feeling that the SOS does not have the authority to refuse to sign it, since Illinois law gives the GOVERNOR the authority to appoint a senator, not the SOS.

Answer 2

No he does not have that authority. In effect it would be for him to sign something and then make the SOS sign that the Governor signed. There is even speculation that the Ill supreme court can not force him to sign it. It seems like he is waiting on the legislature.

One issue is that the US Senate only needs the Governors signature anyway. Reed has said he would not seat anyone the current Governor appoints so this should play out with some drama!

Answer 3

The Sec. of State is appointed by the Governor, but the SOS is an independent adult and can make her/his own decisions.

The Governor can fire the SOS if he wants to.

Answer 4

That is for the courts in Illinois to decide , they have not ruled yet