MN Supreme Court quorum ruling sides with DFL, says 68 members needed
ST. PAUL, Minn. (FOX 9) - A ruling by the Minnesota Supreme Court has determined what constitutes a quorum in the Minnesota House of Representatives after both DFL and GOP lawmakers filed petitions citing their own arguments about whether it was 68 or 67 lawmakers – saying 68 members are needed to conduct business.
House quorum and control
What we know:
The court’s decision paves the way for a power struggle that’s taken place since the first day of the legislative session to potentially be resolved.
On Jan. 14, DFL lawmakers didn’t show up to the Minnesota House of Representatives on the first day of the session – an act they said was a "political tactic" to deny a quorum, and block official business from being conducted.
READ MORE: GOP plans to recall DFL members
But after Minnesota Secretary of State Steve Simon declared there weren’t enough members to do business – and adjourned the chamber – GOP lawmakers continued to run the day’s session as if nothing had happened, ultimately casting a unanimous vote for Rep. Lisa Demuth (R-Cold Spring) as Speaker of the House.
DFL lawmakers decried the act as a "sham" that had no legal standing, and haven’t shown up to the chamber since – an act they have argued is legitimate, as GOP lawmakers have said they "refuse to show up for work."
Supreme Court’s decision
Official ruling:
In a three-page decision filed on Friday, Jan. 24, the court ruled the total number of seats in the Minnesota House of Representatives is 134, and a quorum – under Article IV, Section 13 of the Minnesota Constitution – is 68 members.
As a result, under the Minnesota Constitution, a quorum requires a majority of the total number of seats in each house.
Vacancies do not reduce the number required for a majority of each house to constitute a quorum, the ruling says.
Lawmakers respond to ruling
What they're saying:
Following the decision, leaders of both the DFL and GOP released statements from their respective parties.
"Republicans tried to seize power that the voters did not give them. Now that it is clear Republicans must work with Democrats for the House to operate, I am hopeful we will be able to shortly negotiate an acceptable path forward. We’re ready to roll up our sleeves and return to the negotiating table immediately," said DFL Speaker-designate Melissa Hortman. "Democrats have asked for something very simple from Republicans, and that is to honor the will of the voters statewide, including in Shakopee. Democrats have been focused on work within our legislative districts, but hope to be working collaboratively with Republicans soon in St. Paul as well."
Meanwhile, Rep. Demuth said in a statement, "This decision drives home the fact that House Democrats are disrespecting not just their own constituents, but the entire state of Minnesota by refusing to do their jobs. House Republicans will be showing up to work on Monday — it's time for the Democrats' walkout to end and for the legislature to get on with its work."
Minnesota Secretary of State Steve Simon also weighed in on the ruling, releasing the following statement: "I thank the court for its promptness and clarity in this case. This was a closely contested legal issue, and for the first time in state history, we now have a final answer on what constitutes a legislative quorum. I appreciate that the Justices agreed with this Office that 68 members were necessary for the House to conduct business on January 14. I look forward to re-convening the House of Representatives – and to working with an organized legislature to advance the interests of all Minnesotans."
Dueling petitions
The backstory:
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 argued against their assessment.
The 39-page petition said 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 argued they have a quorum at 67 members, as spelled out in Minnesota law.
The Source: A ruling provided by the Minnesota Supreme Court, and previous FOX 9 reporting.