Minnesota House Republicans want the state Supreme Court to allow them to pressure Democratic-Farmer-Labor representatives to end their Capitol boycott as a weeks-long power struggle continues to stall legislative action.
In a lawsuit announced after a brief House floor session Thursday, Republicans are asking justices to force Secretary of State Steve Simon, who has been presiding over floor sessions, to recognize their motions — including one that would deprive absent House Democrats of pay.
“The Secretary of State’s constitutional duty in the absence of a quorum is clear: he must entertain motions by the Members present, including motions to compel the attendance of absent members,” House Republicans said in court filings. “Simon has utterly flouted that duty. He has seized control of the House and shut it down.”
Minnesota Secretary of State Steve Simon gavels a House session adjourned during the continuing standoff between Democrats and Republicans at the State Capitol in St. Paul on Tuesday, Jan. 28, 2025. (John Autey / Pioneer Press)
House DFLers say they won’t show up until Republicans, who have what will likely be a temporary one-seat majority, enter a power-sharing arrangement and agree to seat a DFL member who fended off a Republican election challenge in a different court case last month.
How did we get here again?
November’s election resulted in a 67-67 tie between the DFL and Republicans, and the sides were negotiating a power-sharing agreement ahead of session. But the DFL is currently one seat down after a candidate in Roseville, Curtis Johnson, was disqualified for not living in the district he ran to represent.
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 tried to use the opportunity to take control of committees, introduce bills and elect Rep. Lisa Demuth, R-Cold Spring, as speaker.
DFLers challenged them in the Supreme Court and won last week, nullifying Republican actions.
The court said the House can’t move forward with business without at least 68 members — a majority of the 134 total seats. Republicans had argued they only needed a majority of 133 current members but lost.
Stalemate
The 2025 session started on Jan. 14, and lawmakers have accomplished little as the House partisan stalemate wears on.
Rep. Lisa Lisa Demuth, R-Cold Spring. (John Autey / Pioneer Press)
Republicans have abided by the court’s ruling, and ever since each day has been a repeat on the House floor. On Monday, Tuesday, Wednesday and Thursday afternoons, Simon and Republicans arrived at the House Chamber, took roll call and adjourned after Simon ruled there was no quorum.
Unless an agreement is reached, or if Republicans prevail in court, the cycle will continue. They’re scheduled to meet again on Monday afternoon.
Forcing attendance?
Minnesota’s Constitution allows state representatives to “compel” absent members to attend, and Republicans are hoping they can exercise that right by fining DFL representatives who haven’t shown up at the House and depriving them of daily expense coverage for the rest of the session.
But right now they can’t do that because DFL Secretary of State Steve Simon is presiding over the House. Simon fills a ceremonial role at the beginning of session, but since the court shut down the Republican’s election of the speaker, he continues to preside.
Republicans hope their lawsuit will put an end to that, despite the court’s ruling against them on the quorum issue last week. They argue Simon is an executive branch official who can’t tell the legislative branch how to function.
“He has overstepped his authority as the presiding officer,” said House Republican Deputy Leader Harry Niska. “He has left us no option other than to ask the Minnesota Supreme Court to again intervene in his interference in our legislative branch activities.”
Niska’s law firm has been representing the House GOP in court. He told reporters Thursday that taxpayer dollars aren’t covering the costs.
Negotiations stalled
After signaling that she was optimistic a deal could be reached by the end of the week, House DFL Leader Melissa Hortman in a statement said Demuth did not meet her Thursday morning. In the same statement, Rep. Jamie Long, DFL-Minneapolis, called on Republicans to drop the challenge and come back to discussions.
Standing in front of a portrait of Chief Justice of the Minnesota Supreme Court LaFayette Emmett (1858-1865) Rep. Melissa Hortman (DFL-Brooklyn Park) watches people exit a Minnesota Supreme Court hearing at the State Judicial Center in St. Paul on Wednesday, Jan. 23 2025. (John Autey / Pioneer Press)
“Instead of spending even more time and money on lawsuits initiated by Rep. Harry Niska’s law firm, House Republicans should join us in negotiations to reach a power-sharing agreement that honors the will of the voters,” he said.
DFLers have offered an arrangement where the GOP could act as a majority while the House remains at 67-66. Power sharing would resume if a 67-67 tie returns. Hortman said Republicans have still not accepted that offer.
Republicans also continue to signal that they might not seat Shakopee DFL Rep. Brad Tabke even after a judge ruled he was eligible to take the District 54A seat in Shakopee despite 20 missing absentee ballots in the race.
Last week, Tabke’s Republican challenger Aaron Paul announced he didn’t plan to appeal the ruling, though he still questioned the election results and called for another election.
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