Minnesota legislature faces challenges amid Fischbach court ruling

ST. PAUL, Minn. (KMSP) - We’re one week from the legislative session and lawmakers are already talking about what they want to accomplish. But, there’s still a question over what will happen with Senator Michelle Fischbach and how that could keep legislation from getting passed in the Senate.

Monday's court ruling tossed out the case against Fischbach, leaving open the question of whether she can serve as both lieutenant governor and state senator simultaneously. It also set up a possible showdown when the Senate gavels in next Tuesday. 

“Let’s see what events come about on Tuesday as it relates to Senator Fischbach and her role - dual role - as Lt. Governor and a member of the Senate,” Senate Minority Leader Tom Bakk said.  

Republicans hold just a one vote majority in the Senate. Democrats believe that by forcing Fischbach out with another lawsuit, they can possibly gain leverage or control.

“Unless something happens where she is the 34th vote, where she actually affects the outcome, probably little will happen,” Bakk said.

Majority Leader Paul Gazelka admits his single vote majority won’t be easy, but not impossible.

“As you look at last year, it was 34-33, and we ended up accomplishing a lot for Minnesota” Gazelka said.
    
Fischbach ascended to Lt. Governor after Dayton appointed Tina Smith to the U.S. Senate. Fischbach and the governor have met at the residence just once, and for the moment, the governor is not taking sides.

“I look forward to working with her in whatever capacity, and it’s really for the Senate and the court to resolve any difference that the leaders have,” Dayton said.  

Tom Bakk said there will not likely be an appeal or another lawsuit this week because there is just not enough time. This means all eyes are now focused on what Democrats will do on day one next Tuesday.