Minnesota Republicans fire back at DFL petitions over House control

Less than a week after Minnesota Democrats filed a petition asking the Minnesota Supreme Court to declare that the state’s Republicans acted in an unlawful manner when members of the House of Representatives declared a quorum and seated positions of power on the first day of the legislative session – GOP leaders have filed their own in return.

‘Coup attempt’ in Minnesota

What happened:

DFL lawmakers didn’t show up to the Minnesota House of Representatives on the first day of the session – an act that leaders said denied a quorum, and blocked official business from being conducted.

However, GOP lawmakers continued to run the day’s session as if nothing had happened – casting a unanimous vote for Rep. Lisa Demuth (R-Cold Spring) as Speaker of the House.

Later in the day, DFL leaders called the act an "attempted coup" that circumvented the will of voters.

"Republicans’ sham session had no legal authority, and the actions they took have no legal effect," said DFL Rep. Melissa Hortman. "Democrats are denying quorum to protect the will of the voters in Shakopee and statewide."

Quorum definition needed

Dig deeper:

Both parties are now engaged in a battle over what constitutes a quorum, and ultimately who is in control of the House under Minnesota law.

Previously, Minnesota Secretary of State Steve Simon provided the interpretation that the Minnesota Constitution states that state law says the chamber is composed of 134 members. The result would require 68 members from one political party to be in a quorum, and proceed with official business – such as House speaker designation, and committee chair assignments.

However, due to a residency challenge, a judge removed the winner of District 40B – a DFL lawmaker – putting the Democrats down one member temporarily. Separately, GOP leaders continue to rejecting a judge’s decision in favor of DFL incumbent Rep. Brad Tabke, in District 54A that had been challenged by GOP candidate Aaron Paul.

A request to nullify Rep. Brad Tabke’s election and to order a new election has also since been rejected.

With a House roll call at 67-66 following the decision, DFL leaders have reportedly sought a power-sharing agreement that would allow both parties to hold positions of power at different times during sessions.

Dueling Supreme Court petitions

Why you should care:

On Jan. 15, both Simon and DFL leaders petitioned the Minnesota Supreme Court to determine whether Rep. Demuth had "usurped his role as the presiding officer of the Minnesota House of Representatives."

The lawsuit argues that "because members of the House lacked a constitutionally required quorum when they purported to elect Rep. Demuth on Jan. 14, the Secretary remains the presiding officer under Minnesota statute."

But a petition filed on behalf of GOP leaders on Jan. 21 outlines why their arguments should be thrown out.

The 39-page petition argues Simon’s interpretation of the Minnesota Constitution regarding what constitutes a quorum, saying the Constitution "requires House presiding officers be chosen, and its internal affairs be organized, by the House and not by the courts."

Simon's assertion of an enforceable "right" to preside over the House is in blatant violation of Article III’s separation-of-powers mandate, the petition states.

It further argues that any alleged lack of quorum arises from DFL members failing to appear for the legislative session – and because Simon, by unconstitutionally claiming control of the House, blocked the ability of GOP members to continue their work.

Taken together, the GOP argues they have a quorum at 67 members, as spelled out in Minnesota law.

40B special election prematurely called, Supreme Court rules

Election ahead:

Further complicating matters, a ruling by the Minnesota Supreme Court on Jan. 17 says a special election to fill the seat for House District 40B – left vacant by DFL Rep.-elect Curtis Johnson’s resignation when it was determined he didn’t live in the district he would represent – must be delayed.

The ruling muddles the path to meaningful work in the Minnesota House of Representatives, and could prolong a DFL boycott of the 2025 legislative session pending the results – which were expected to restore the chamber to a 67-67 tie.

What's next:

According to the scheduling order issued by the Minnesota Supreme Court, arguments will take place on Jan. 23 in the Minnesota Judicial Center.

Meanwhile, Republicans say they intend to come every day during the legislative session, and Democrats insist they will continue not to show up until either a power-sharing agreement is reached, or a Supreme Court ruling.

The Source: A petition filed with the Minnesota Supreme Court, and previous FOX 9 reporting.

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