Filling Senate seat just got a bit trickier

The arrest of Illinois Gov. Rod Blagojevich on bribery charges relating to the appointment of a senator to replace Barack Obama turns what was a difficult situation into one fraught with political peril.

Under Illinois law, Blagojevich, a Democrat, has sole power to choose Obama's replacement. That right is not affected by his arrest Tuesday, although if he were to be convicted, he would be forced to vacate the office.

With the Senate set to reconvene in early January, Democrats are scrambling to devise a way to keep the appointment power from Blagojevich. The problem for Democrats is that any appointment Blagojevich made now would be damaged in the eyes of voters.

Sen. Dick Durbin of Illinois, the second-ranking Democrat in the Senate, suggested Tuesday that the state Legislature pass a law mandating a special election to fill the seat.

With Senate Democrats only a few votes short of a filibuster-proof majority in the new Congress, a vacancy could make it harder to pass Obama-backed measures "during a critical period in American history," Durbin said.

State Senate President Emil Jones Jr. said he will call the Senate into session to pass legislation creating a special election to fill Obama's seat.

If Blagojevich chose to resign, he would be replaced by Lt. Gov. Pat Quinn, a Democrat, who would then be charged with naming the next senator.

U.S. Rep. Jan Schakowsky, D-Ill., said the Legislature should begin impeachment proceedings if Blagojevich does not resign promptly.

Information from The Associated Press is included in this report.