Two judicial rulings late Friday afternoon further roiled the continuing power struggle in the Minnesota Legislature.
District 40B election delayed
DFL Gov. Tim Walz called a special election for a vacant House seat in the Roseville area too early and must choose a later date, the state Supreme Court ruled Friday in a decision that will extend Republicans’ advantage in a power struggle with Democrats in the House by granting them another month with a one-seat majority.
House Republicans currently have a one-seat advantage over Democratic-Farmer-Labor representatives due to a vacancy left by DFL Rep.-elect Curtis Johnson, who didn’t take his seat after a Ramsey County judge ruled there was enough evidence to prove he didn’t live in the district he won.
After Johnson announced on Dec. 27 that he wouldn’t take office, Walz called a special election in District 40B for Jan. 28. The deadline to file for candidacy was 5 p.m. on Dec. 31 — three days after the governor called the election.
Republicans argued the governor moved too quickly and filed a lawsuit to challenge the timing. They argued the law required the governor to wait until 22 days after the start of the legislative session to call a special election. Six justices on the seven-member court — all appointed by Democratic governors — agreed.
“The writ of special election for House District 40B was issued prematurely and therefore must be quashed,” they wrote in their decision. Justice Karl Procaccini did not take part in the consideration or decision of the case.
Republicans welcomed the ruling, which preserves their 67-66 edge over House DFLers for longer. In a Friday interview on TPT’s “Almanac,” Walz said he tentatively plans to hold the new special election on March 5.
“I’m pleased the court correctly ruled that the Governor failed to follow the law in his attempt to speed up the special election to help the political fortunes of the Democrat party,” House GOP leader Lisa Demuth, whom Republicans elected as speaker in disputed proceedings during Tuesday’s start to the 2025 session, said in a written statement.
House District 40B leans heavily Democratic, and Johnson won by 65% of the vote. It’s widely expected that the seat will return to DFL hands when the election is held. But Republicans with their temporary “organizational majority” moved this week to elect a speaker, despite a DFL boycott of the session in an attempt to deny a quorum. That matter is also pending before the Supreme Court.
In response to the Supreme Court’s decision on District 40B, House DFL leader Melissa Hortman said she appreciated the prompt action — justices heard the case Wednesday — but said it was unfortunate the district’s constituents would have to wait longer to be represented.
“Attempts by Minnesota Republicans to delay this election are an attempt to delay the inevitable: Democrat David Gottfried will win this election and the Minnesota House of Representatives will return to a 67-67 tie,” she said in a statement. “When that happens, Democrats and Republicans must have a plan to govern together.”
Senator’s burglary trial postponed
Meanwhile Friday, a Becker County District Court judge granted a request by state Sen. Nicole Mitchell, DFL-Woodbury, to delay her trial for felony burglary until after the 2025 session ends on May 19. She was originally expected to go to trial on Jan. 27.
Judge Michael D. Fritz agreed with Mitchell’s attorneys, who cited state law barring members of the Legislature from being tried for crimes during the session or when they are attending committee business.
“The statute creates a privilege for legislators, which they are free to exercise or waive, to continue court proceedings until the legislative session is concluded,” Fritz wrote.
Prosecutors argued the seriousness of the alleged offense warranted an exception, but Fritz said the law does not differentiate between levels of charges. In a statement, Senate GOP leader Mark Johnson, R-East Grand Forks, urged Mitchell to waive her privilege.
“Sen. Mitchell’s last-minute decision to request trial delay this week is an abuse of her status as a Senator,” he said in a statement.
Republicans and some DFLers have called for Mitchell’s resignation since the senator was charged with allegedly breaking into her stepmother’s home in Detroit Lakes last April in an effort to remove sentimental items, including her father’s cremated remains. Senate DFLers removed her from committee assignments, but she continued to cast the deciding vote in a chamber where until recently Democrats held a one-seat advantage.
The Senate, which is currently tied 33-33 following the death of Minneapolis DFL Sen. Kari Dziedzic, has been relatively calm compared with the House so far since Tuesday. DFLers and Republicans are operating on a power-sharing agreement until a special election for Dziedzic’s safely Democratic seat.
Related Articles
Gov. Tim Walz recommends changes to Minnesota sales tax, cuts for disability services in upcoming budget
Letters: Who knew the candidate didn’t live in the district he ran in, and when did they know it?
Minnesota House DFL, Steve Simon sue over Republican speaker election
Judge hears arguments in bid to delay Sen. Nicole Mitchell trial until after legislative session
Judge upholds election results in missing ballots case in Shakopee House 54A District
Leave a Reply