Illinois High Court: Burris Appointment Valid Without White's Signature

The appointment of Roland Burris to the U.S. Senate turned into a political hot potato Friday, with the Illinois Supreme Court ruling his appointment doesn't need the secretary of state's signature -- a decision that kicks the dispute back to the U.S. Senate.

Senate Majority Leader Harry Reid has said Burris, who was appointed by scandalized Gov. Rod Blagojevich, couldn't be seated in the Senate without Secretary of State Jesse White signing on the paperwork. Reid and other Senate Democrats were waiting on the action of the court, which could have ended the dispute by forcing White's hand.

Now, White says he still won't sign the document, since the court's Friday ruling doesn't require it.

Democratic leaders on Friday maintained that Burris still cannot take President-elect Barack Obama's vacant Senate seat.

"Mr. Burris is exactly where he was a week ago," a senior Democratic aide told FOX News. "He does not have a valid certificate, and we cannot seat him."

The court decision sets up a political war of words between Illinois and congressional lawmakers, as they seek to resolve the stalemate.

Illinois Attorney General Lisa Madigan issued a written statement saying it is now clear White is not a "roadblock" for the Senate.

"It remains within the power of the U.S. Senate to seat Mr. Burris. They should do so immediately," she said.

Burris, too, said he expects to be seated given the court's decision.

"I am very happy that the Supreme Court ruled supporting our argument that everything surrounding this appointment was legal and complete," he said in a written statement. "I am confident I have cooperated with all the requests of the U.S. Senate and I expect they will validate my credentials and seat me in a timely manner."

Friday's ruling stated that the "Secretary of State has no duty under Illinois law to sign and affix the state seal to the certificate of appointment issued by the Governor."

But U.S. Senate rules state that a complete certificate of appointment or election must contain both the signature of the governor and of the secretary of state. Senate aides say senators would have to waive that rule by a two-thirds majority vote, something that is unlikely to happen.

U.S. senators earlier this week abandoned claims that Burris' appointment would be tainted since Blagojevich is accused of trying to sell the very seat Burris is trying to fill. They were instead softening to the idea of at least considering Burris for the seat and were waiting on the court to direct the next move.

The ruling says no Illinois official has to do anything further to validate the appointment made by Gov. Rod Blagojevich. It also says nothing in state law requires White to sign the appointment.

But White told several Democratic officials Friday that he will not sign the appointment, maintaining his position that he wouldn't certify any Blagojevich appointment in the wake of the governor's federal corruption arrest unless the court forced him.

Blagojevich was impeached by a nearly unanimous decision in the Illinois House Friday. His trial now goes to the Senate.

FOX New's Trish Turner and The Associated Press contributed to this report.