Senate leaders plan for arrival of Blagojevich appointee

This cinematic showdown is among an elaborate set of contingencies that Democratic leaders are planning if, as expected, the former Illinois attorney general appointed by Gov. Rod R. Blagojevich shows up with newly elected senators to press his claim that he is the legitimate replacement for President-elect Barack Obama.

Democratic leaders hope to avert such a standoff. And Burris, in an interview Wednesday, said he hoped to claim the Senate seat without added drama.

"We're not going to create a scene in Washington," Burris said. "We hope it's negotiated out prior to my going to Washington."

Still, the Senate leaders' planning, detailed by a Democratic official briefed on their deliberations, even covers scenarios such as Blagojevich appearing in person to escort Burris.

Ironically, as a sitting governor, the scandal-plagued Blagojevich is allowed floor privileges. But Lucio Guerrero, Blagojevich's spokesman, said the governor had not decided whether to go to Washington with Burris.

With Democratic leaders vowing to bar anyone appointed by Blagojevich because of federal charges that he attempted to sell Obama's seat, leaders hope to stall Burris with paperwork. Senate rules require that an incoming senator's selection be certified by the secretary of state for his home state, and Illinois Secretary of State Jesse White has declined to sign a certification of Blagojevich's appointment of Burris.

The first battle in what could become a lengthy and complex legal process is shaping up in the Illinois State Supreme Court. Burris filed a petition Wednesday challenging White's refusal to sign the certification through what is known as a mandamus action, in which a judge can compel a state official to do his prescribed duty.

"The secretary of state cannot veto an action by simply not signing the document," Burris said. "He doesn't have that authority. He must do his job."

If Burris prevails by Tuesday and presents valid paperwork, it will be harder for senators to refuse to seat him. In this case, Senate guards might not bar him from entry, but leaders might refuse to swear him in.

Upon presentation of a valid certificate of election or appointment, past practice for senators whose credentials are disputed has been to grant office space and payroll for a staff, as well as floor privileges -- but not a Senate seat -- while the dispute is pending.