Jan. 1 (Bloomberg) -- The Illinois Supreme Court was asked by Roland Burris, the man nominated by Governor Rod Blagojevich to fill the U.S. Senate seat vacated by President-elect Barack Obama, to compel a state official to certify his appointment.

Burris, a former Illinois attorney general, yesterday filed with the state’s highest court a 19-page petition asking it for permission to bring an action to compel Secretary of State Jesse White to sign off on Blagojevich’s selection.

“The governor’s power to make a temporary appointment is unquestionable” and supported by the U.S. Constitution, said Burris’s attorney, Timothy Wright, in the filing.

Blagojevich on Dec. 9 was charged with conspiracy to commit fraud and solicitation of a bribe. Chicago U.S. Attorney Patrick Fitzgerald accused him of trying to auction Obama’s senate for as much as $1 million in campaign cash.

White, who like Burris and Blagojevich is a Democrat, refused yesterday to certify Burris’s appointment when it was delivered to White’s Chicago office. Senate Democratic leaders, with Obama’s support, have said they won’t seat Burris.

“Our lawyers are studying the issues involved,” White’s spokesman, David Druker, said in a phone interview. “We feel we have acted appropriately in this matter.”

Robyn Ziegler, spokeswoman for incumbent Attorney General Lisa Madigan, said her office was aware of the filing and that it would be representing White in the case.

Ziegler declined to comment further.

Ministerial Duties

Burris’s lawyers argued that White’s duties are strictly ministerial and that he doesn’t have the discretion to withhold his certification of Blagojevich’s selection.

“Any additional state requirement that Roland Burris must seek or obtain approval of the secretary of state to qualify as U.S. senator would be unconstitutional,” Wright said in the filing.

“We did our part by appointing a senator and going to the SOS to get certification,” Blagojevich’s spokesman, Lucio Guerrero, said in an e-mailed statement, referring to the secretary of state.

The case is Burris v. White, 107816, Supreme Court of Illinois (Springfield).

To contact the reporter on this story: Andrew Harris at the federal court in Chicago at aharris16@bloomberg.net.

Last Updated: January 1, 2009 00:01 EST