Minnesota’s Supreme Court is set to hear arguments Thursday afternoon on whether the state House of Representatives can continue to operate with only 67 Republican members present as Democratic-Farmer-Labor representatives continue boycotting the legislative session.
With House DFLers absent from the Capitol for 10 days, House Republicans have been moving forward with regular business, including electing GOP Rep. Lisa Demuth as speaker, something DFL House leadership and Secretary of State Steve Simon argue is unconstitutional.
Minnesota state Rep. Melissa Hortman, D-Brooklyn Park, left, and Minnesota state Rep. Lisa Demuth, R-Cold Spring. (Courtesy photo, Forum News Service)
Simon and the DFL argue there need to be at least 68 members for the House to have a quorum — a majority of the 134 seats. But Republicans argue they only need 67 members — a majority of the 133 current members of the House. The matter will soon be decided by the state’s high court.
DFL no-show in House
The 2025 session got off to a rough start last week when Democrats, upset with Republicans for using what could likely be a temporary a one-seat advantage to act as a majority, were a no-show on the first day.
Secretary Simon, a Democrat, presided over the House’s initial business, but ruled there weren’t enough members present and adjourned. Republicans then acted on their own to move forward with legislative business, prompting DFL petitions with the state Supreme Court.
In their petition, top House DFLer Melissa Hortman and other leaders called Republicans’ actions “improper, unlawful, and without legal effect,” and asked the court to stop the session until a quorum of 68 members returns to the chamber.
GOP response
In their responses, Republicans disputed DFL quorum claims and said Simon, a member of the executive branch, has no right to tell the legislative branch how to do its business.
They’ve effectively argued that Simon’s role as presiding officer over the House is merely ceremonial.
“These petitions present a separation-of-powers nightmare. They demand that the presiding officer of Minnesota’s House of Representatives be chosen by the courts,” GOP attorneys wrote. “And they demand that the courts install an executive branch official as presider, overturning the House’s own election”
This year’s election gave the state a House tied 67-67, but the DFL is currently one seat down after a candidate was disqualified for not living in the district he ran to represent. Rep.-elect Curtis Johnson stepped down in late December after a court found there was enough evidence to show he didn’t live in the Roseville-area district where he claimed residency.
Johnson defeated his GOP opponent by 30 points, so the House tie likely will return after a special election to fill that seat in March. But Republicans are trying to use this window of opportunity to take control of committees and elect a speaker for the next two years.
To prevent that from happening, DFL representatives are currently boycotting the session. The sides had attempted to negotiate a power-sharing deal, but talks fell apart before the Legislature convened on Jan 14.
Democrats also are not showing up at the Capitol because Republicans have suggested they might not seat Shakopee DFL Rep. Brad Tabke even after a judge ruled he was eligible to take the District 54A seat despite 20 missing ballots in the race. In response to the DFL boycott, Republicans have threatened to file recall election petitions against representatives who don’t show up.
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