State Sen. Nicole Mitchell resigned from office Friday after her conviction last week on two felony burglary charges. Her departure comes just a few days after she announced her intent to leave office by Aug. 4.
Mitchell, a first-term Democratic-Farmer-Labor lawmaker from Woodbury, was arrested in April 2024 after breaking into her estranged stepmother’s Detroit Lakes home. She remained in office for 15 months after her arrest as Republicans and even some Democrats called for her to resign.
Some Senate DFLers argued Mitchell was entitled to due process in her criminal case and that she should remain in office until her trial was complete. Sen. Majority Leader Erin Murphy, DFL-St. Paul said Mitchell told colleagues she would resign if found guilty. On Friday, Mitchell followed through.
“I am resigning my seat in the Minnesota Senate for District 47,” she wrote in a letter to Gov. Tim Walz. “Thank you to my family, friends, and constituents who shared with me the issues they cared about and trusted me to work on their behalf. It has been a true honor to serve the state of Minnesota and the community I grew up in.”
The governor now can call a special election to fill Mitchell’s seat. The outcome could affect the balance of power in the Senate, where DFLers hold a narrow majority. The makeup of the Senate stands at 33 Democrats and 32 Republicans following Mitchell’s resignation and the death of Sen. Bruce Anderson, R-Buffalo, this week.
So far, two DFL candidates have stepped up to run in District 47 — Reps. Amanda Hemmingsen-Jaeger and Ethan Cha, both of Woodbury. No Republican had announced as of Friday afternoon.
Earlier this week, Mitchell’s defense attorney said the senator would resign by Aug. 4. Her remaining time in office would be used to wrap up legislative projects, complete constituent services, transition legislative staff and obtain health insurance for her son, the law firm Ringstrom DeKrey said in a news release.
Mitchell is a former broadcast meteorologist and held the rank of lieutenant colonel in the Air National Guard. She was elected in 2022 and was in the third year of her four-year term.
On July 18, a Becker County jury found Mitchell guilty of first-degree burglary and possession of burglary tools — both felonies. Mitchell claimed she was checking on her stepmother, who has Alzheimer’s disease. Police said she told them she broke in to retrieve her father’s ashes and other sentimental items.
Mitchell’s sentencing is scheduled for Sept. 10 in Detroit Lakes. The mandatory minimum sentence for first-degree burglary is six months in jail or a workhouse.
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