Madigan Opinion: Two Appointments and One Special Election To Replace Topinka

John Gregory -- Illinois Radio Network

Two appointments and one special election is the remedy recommended by the Illinois Attorney General when it comes to the comptroller’s office.

Attorney General Madigan has determined that the death of Judy Baar Topinka, who was both comptroller and comptroller-elect, creates two vacancies—one for the remaining few weeks of her first term that can be filled by an appointee named by Gov. Pat Quinn, then a second appointee that can be named by Gov.-elect Bruce Rauner.

Rather than Rauner’s choice serving a full four year term, Madigan suggests a special election should be held for comptroller in 2016. “We live in a democracy,” Madigan said, “and as such, we seek to have the people represented by us elected by us.”

Legislators would have to pass a law allowing for a special election. What could hold up that process, Madigan says, is if the current governor tries something other than what she’s recommending.

“My hope is that Gov. Quinn doesn’t needlessly create a situation that leads to costly and disruptive litigation over this appointment,” Madigan said.

A spokesman for the governor says he “appreciates the attorney general’s counsel and is reviewing it.”

In a statement, Bruce Rauner said “there is now clear bipartisan agreement that the legal question is settled.”