Theodore G. Bilbo, a virulent white supremacist accused of intimidating black voters and corrupt campaign practices, was the last man denied a seat in the U.S. Senate, after the voters of Mississippi elected him to a third term in 1946.

According to the Senate historian’s office, Bilbo is one of just four appointed or clearly elected would-be senators who were not seated by the Senate since the April 8, 1913, ratification of the 17th amendment guaranteed the direct election of senators and provided for appointments to vacancies. (Others have had to wait for full recognition while contested elections were settled.)

The prospect of a fifth person joining that ignominious club loomed Tuesday when embattled Illinois Gov. Rod R. Blagojevich named Roland W. Burris to succeed President-elect Barack Obama in the Senate, setting the stage for a high-stakes battle with his party’s leaders in Washington.

Senate Democrats led by Majority Leader Harry Reid of Nevada say they will refuse to seat Burris, a former state comptroller and attorney general, because Blagojevich faces federal corruption charges that include allegiations he tried to auction off the Senate seat. Burris’ name did not figure in any of those allegations.

“Under these circumstances, anyone appointed by Gov. Blagojevich cannot be an effective representative of the people of Illinois and, as we have said, will not be seated by the Democratic Caucus,” the Democratic leadership said in a statement released before Blagojevich introduced Burris at a press conference Tuesday afternoon.

Article I, Section 5 of the Constitution reserves to the Senate the sole right to determine the qualifications of its members, and it has exercised its right to refuse seating for various reasons.

The Illinois secretary of state suggested on Tuesday that he might block the Burris appointment by refusing to sign a letter certifying the appointment. Although the secretary of state typically signs the certification letter — and a Senate-suggested template for the letter leaves a spot for the signature in addition to that of the governor — there appears to be no requirement under the federal or state constitution, Illinois law or Senate rules that the secretary of State sign off on the pick.

Burris would be the first person, at least in modern times, refused a seat because of a scandal affecting the governor who appointed him.

Other Cases

Before Bilbo, Frank L. Smith of Illinois was rejected based on allegations of corrupt campaign practices in 1926.

Alabamans Henry D. Clayton and Franklin P. Glass were caught up in a dispute over the interpretation of the 17th amendment.

Clayton was appointed Aug. 12, 1913, by Gov. Emmet O’Neal to fill the vacancy created by the death of Sen. Joseph F. Johnston until the Alabama legislature could meet to pick a successor. But the Senate argued over whether the governor had the right to make such an appointment when the state legislature, which was not in session, had yet to pass a law providing for the governor to choose a successor under the newly ratified 17th Amendment.

Clayton eventually withdrew, and Glass was named Nov. 7, 1913. Glass was also not seated, as the Senate decided, 34-30, to reject the governor’s assertion that Johnston’s replacement should be chosen in the manner prescribed before the 17th Amendment was ratified because he had been elected under those rules.