State House power struggle moves to Supreme Court

As expected, Minnesota House Democrats and Secretary of State Steve Simon appealed to the state Supreme Court on Tuesday, asking the court to declare Republicans aren’t able to elect a speaker or conduct any other business without 68 members present.

The pair of legal filings follow the strange — and strangely formal — power struggle on Tuesday at the Capitol during the first day of the legislative session, which all 66 House Democrats boycotted to prevent Republicans from taking control of the chamber and refusing to seat a Democrat in a contested south metro election.

As the presiding officer on the first day of session, Simon called the roll, determined the 67 Republicans present weren’t enough for a quorum and told the House they did not have the constitutional authority to meet. He then gaveled the session closed and took a seat to the left of the podium.

House Republicans plowed ahead anyway, having Rep. Paul Anderson — the oldest member present — serve as the presiding officer as they unanimously elected Rep. Lisa Demuth, R-Cold Spring, as speaker.

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The Minnesota Constitution says a majority of House members must be present, but with one seat currently vacant, the two sides are at odds over what constitutes a majority: a majority of the 133 elected members or the 134 House seats?

Republicans argue that, pending a special election for a vacant House seat, their one-seat advantage is enough for a quorum and that Simon had no authority to end the session since he isn’t a member of the House and his position is “strictly ceremonial.”

In a petition to the state Supreme Court, House DFL leaders Melissa Hortman, Jamie Long and Athena Hollins argued Republicans’ actions after Simon gaveled the meeting closed were unlawful.

They asked the Supreme Court, made up entirely of DFL appointees, to order House Republicans from trying to conduct any more official business until there are 68 members present.

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In a separate petition to the state Supreme Court, Simon asked for the high court to declare the House must have 68 members present to conduct business, and that Demuth illegally usurped his role as the presiding officer. He also asked that the Supreme Court rule all actions Republicans took after Simon gaveled the session closed to be invalid.

Democrats say they’ll boycott the Capitol to deny Republicans a quorum until a special election is held in District 40B, vacant because the winning candidate, Curtis Johnson, was deemed ineligible for not living in the district. Another Democrat is expected to be elected in a special election scheduled for Jan. 28.

Democrats fear losing the speakership and committee chairs for the next two years because of Republicans’ temporary one-seat advantage, and they also fear Republicans will refuse to seat Rep. Brad Tabke, DFL-Shakopee.

Democrats held a news conference in Shakopee on Tuesday decrying Republicans’ “sham session” and accusing them of disenfranchising voters in that district, should they refuse to seat Tabke. Tabke won by 14 votes, but 20 ballots were tossed out before being counted. On Tuesday, a judge ruled that the missing ballots would not have changed the outcome — six voters whose ballots were likely destroyed testified they voted for Tabke.

Still, the House has ultimate authority over whom they seat. It’s a fact Demuth cited in her response to the judge’s decision.

In response to Simon’s petition, Demuth released a statement saying, “We look forward to defending the House from this attack on our constitutional separation of powers, and to ensuring the Minnesota House continues its important work on behalf of Minnesotans who elected us to show up and do our jobs.”

Editor’s note: The Minnesota Reformer is an independent, nonprofit news organization dedicated to keeping Minnesotans informed and unearthing stories other outlets can’t or won’t tell. 

Michelle Griffith wrote this story, which originally appeared in the Minnesota Reformer on Jan. 14. Griffith covers Minnesota politics and policy for the Reformer, with a focus on marginalized communities.