Minnesota’s Legislative session could be off to a bumpy start Tuesday as a Democratic-Farmer-Labor and Republicans continued to fight late Monday over a power-sharing agreement in a narrowly divided House.
Last year’s election delivered a tied House, but after a DFLer got disqualified over residency issues, Republicans currently have a one-seat majority. They’ll likely try to use their temporary advantage to elect Lisa Demuth as speaker and act as a majority — something Democrats are trying to stop from happening by threatening not to show up for the vote.
“We know that a tie is likely coming in two weeks,” said one-time House DFL Majority leader Rep. Jamie Long, DFL-Minneapolis, noting a special election scheduled for Jan. 28 is expected to yield a DFL win and restore a 67-67 tie. “Yet, this morning, we heard from Lisa Demuth that she said that won’t matter — she’s going to be speaker for two years and exercise power as if they were in charge for two years.”
Minnesota state Rep. Melissa Hortman, D-Brooklyn Park, left, and Minnesota state Rep. Lisa Demuth, R-Cold Spring. (Courtesy photo, Forum News Service)
If DFLers make good on their no-show threat it’ll deny the House quorum of 68 members needed to conduct business, per their interpretation of the state Constitution. In response, Republicans on Monday threatened to file recall petitions against members who don’t show up to the House chamber for quorum calls.
“For those who refuse to fulfill their basic duty we stand ready to begin the constitutional process of recall,” said Minnesota Republican Party Chair Alex Pechash. “We are committed to holding every legislator accountable. If you don’t show up for the job you shouldn’t keep it.”
What constitutes a majority?
Secretary of State Steve Simon, a DFLer, said he would adjourn the House if there aren’t enough votes for speaker — also 68 in his view — meaning the House may not conduct any business on the first day.
Minnesota Secretary of State Steve Simon speaks to the media about early voting at the Minnesota State Capitol, Thursday, Sept. 19, 2024, in St. Paul, Minn. (AP Photo/Adam Bettcher)
Right now Republicans have 67 seats to DFLers’ 66, and Democrats argue 133 members isn’t enough to move forward with business in the House like voting on bills or electing a speaker. The House has 134 seats, and under their interpretation of the Constitution that means bills need 68 votes — a majority of members.
However, it’s disputed as to whether that’s the case. Republicans have advanced their own interpretation that a majority means a majority of elected members, not seats. And others, including the House Clerk’s Office, have said a majority of 133 is enough to take votes.
DFLers had most of their members sworn in on Sunday, meaning they won’t have to show up on the first day if needed. Typically members swear in at noon on the first day of session, something noted in the state Constitution, and Republicans decried the move as “illegitimate.”
DFL House Speaker Designate Melissa Hortman said she hoped Republicans might accept a deal where they’d temporarily assume the majority on Tuesday and revert to a previously negotiated power-sharing agreement if the 67-67 tie returns.
No agreement had been reached as of late Monday.
Minnesota has to pass a two year state budget by June 30 or risk a government shutdown.
Election disputes
House Republicans also are pushing to preserve the “organizational majority” they currently claim.
They’ve suggested they might not seat a DFL member who won by just a handful of votes in a Shakopee-area House race. Republicans challenged the election of DFL Rep. Brad Tabke late last year, and a decision in the case is pending.
If Tabke is not seated, there would have to be a new election in a district he won by a tiny margin. DFLers have said such a move would be an abuse of power by Republicans.
The state GOP also filed a lawsuit to delay a special election called for Jan. 28 by Gov. Tim Walz to fill a Roseville-area House seat after the withdrawal of DFL Rep.-elect Curtis Johnson in December over his disputed residency.
While the DFL says it is likely to win that special election, a delay could give Republicans more time to work with their provisional majority.
Senate power-sharing
Expect less drama in the Senate.
DFL and Republican caucuses in the senate, which is temporarily tied 33-33 following the death of Sen. Kari Dziedzic in late December, have reached a power-sharing agreement.
Under the agreement announced by leaders Sunday, each party will appoint a co-presiding officer for the senate. Committee seats will be split between the parties and have co-chairs.
“Under these terms, we can begin the work of 2025, avoid gridlock, and uphold the best of this institution,” said DFL Caucus leader Erin Murphy, a senator from St. Paul.
GOP Senate leader Mark Johnson, a senator from East Grand Forks, said the agreement would “build trust and respect.”
Democrats are expected to reclaim a majority in the Senate in a few weeks. A primary election in the DFL-dominated district is set for Tuesday, the first day of session, and the special election is on Jan. 28.
The makeup of the Senate also could be affected by the outcome and timing of the felony burglary trial of Sen. Nicole Mitchell, a Woodbury DFLer accused of breaking into her stepmother’s Detroit Lakes home last April.
She’s declined to resign and her fellow DFLers have not gotten on board with removing her from office, saying she needs to face trial before they make a decision. Her trial was initially scheduled for later this month, but her attorneys have asked a judge to push the trial until after the session.
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