Minnesota’s Supreme Court ruled Friday that the state House of Representatives must have at least 68 members present in order to conduct business, handing a victory to Democratic-Farmer-Labor representatives boycotting the session.
The order could mean the 67 House Republicans, who elected a speaker last week with their current one-seat advantage with none of the 66 DFLers present, are only playing the role of majority with no true legal effect.
Under state law, the House must have 68 members present — a majority of the total 134 seats, the justices wrote.
That’s what DFL Secretary of State Steve Simon Simon and House DFLers argued in court on Thursday. Republicans contended there only needed to be 67 members — a majority of the 133 current members of the House.
“We assume that the parties will now conform to this order without the necessity of issuing a formal writ,” the opinion said.
The 2025 session got off to a rough start on Jan. 14 when Democrats, upset with Republicans for using what could likely be a temporary one-seat advantage to act as a majority, were a no-show on the first day in what now appears to be a successful push to deny Republicans quorum.
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 order, Rep. Lisa Demuth, who House Republicans elected speaker last week in disputed proceedings, called on the House DFL to return to the Minnesota Capitol.
“This decision drives home the fact that House Democrats are disrespecting not just their own constituents, but the entire state of Minnesota by refusing to do their jobs,” Demuth said in a statement. “House Republicans will be showing up to work on Monday — it’s time for the Democrats’ walkout to end and for the legislature to get on with its work.”
House Democrats said the ruling stopped an “illegitimate power grab” by Republicans.
“Republicans tried to seize power that the voters did not give them,” said DFL caucus leader and Speeaker-Designate Melissa Hortman. “Now that it is clear Republicans must work with Democrats for the House to operate, I am hopeful we will be able to shortly negotiate an acceptable path forward. We’re ready to roll up our sleeves and return to the negotiating table immediately.”
November’s election resulted in a 67-67 tie between the DFL and Republicans, and the sides were negotiating a power-saring agreement ahead of session. But the DFL is currently one seat down after a winning 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 is held 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.
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