(CN) – The U.S. Supreme Court will not stop a special election that doesn’t include incumbent Roland Burris for the U.S. Senate seat vacated by President Obama.
Burris sought to block the election, which will decide who serves the final two months of the term that began when Obama entered the Senate in 2005, according to The Associated Press.
Former Illinois Gov. Rod Blagojevich appointed Burris to the seat, shortly before being impeached amid allegations of attempting to sell the seat.
Burris will not seek a full term in November, the AP reported.
The nation’s high court refused to intervene in Burris’ claim that federal courts overstepped their authority by declaring that the candidates in the special election would be the same people running for the new, six-year term.
Burris said it was unconstitutional to not let him run, but the court’s ruling means he will have to leave office shortly after the Nov. 2 election and not January.
Illinois Treasurer Alexi Giannoulias, a Democrat, and U.S. Rep. Mark Kirk, a Republican, are battling for the seat.