DFL members, secretary of state petition state Supreme Court over Republican actions at Minnesota House
The clash in St. Paul over who controls the state House is now in court, after Democrats filed a lawsuit accusing Republicans of acting unlawfully when they convened for session as a majority and elected a speaker.
The move is the latest development in a bitter power dispute in the chamber, which prompted DFL lawmakers to boycott the start of the session.
At issue is the definition of quorum, or the minimum number of people required by the constitution to do anything in the legislature. Democrats say the threshold is 68 members, which the GOP does not have, even with the one-seat majority they hold at this time.
But Republicans believe 67 constitutes a quorum due to a vacant Roseville-area seat, clearing the way for them to convene as a majority, elect Rep. Lisa Demuth the Speaker of the House, and move forward with other chamber business without Democrats being there.
House Democrats in their petition are asking the Minnesota Supreme Court to nullify every action by Republicans since the first day of session and bar them from doing anything else until 68 members are present in the House.
"Republicans are going to extreme and unprecedented lengths to seize power that the voters did not give them, and Democrats will fight their unlawful, unconstitutional actions every step of the way," said DFL Leader Melissa Hortman in a statement.
Voters delivered a 67 to 67 tie in the chamber after November's election, but Republicans now have a 67 to 66 advantage, at least temporarily until a special election for that Roseville seat in House District 40B on Jan. 28. That follows a judge's ruling in an election contest that the DFL winner there didn't live in the district.
Republicans stand by organizing as a majority and are prepared to defend it in court.
"We're confident that the Minnesota Supreme Court is not going to get involved in the way that the House chooses to organize itself," said Rep. Harry Niska, R-Ramsey, whom Republicans chose as their majority leader. "The right way to deal with that is for members of the House to show up here and have those discussions and have those votes, and that's what we're doing."
The Minnesota Supreme Court will hear arguments in the quorum case next Thursday afternoon.
DFL Secretary of State Steve Simon, the presiding officer of the House on the first day of session by law, also filed another petition making similar arguments. Finding no quorum, he adjourned the House on Tuesday before Republicans proceeded with appointing their own presiding officer. They believe Simon exceeded his authority.
House Republicans proceeded with business as usual on Wednesday, as half of the chamber still stood empty; Democrats again did not show up.
DFL leaders say they will continue to boycott the session until there is a deal reached about how the House will be governed following the special election for the blue-leaning district that could return the chamber to a tie.
They fear without one, Republicans will take action to unseat DFL Rep. Brad Tabke, despite a judge's ruling that his 14-vote victory in the election for a Shakopee seat was valid.
In a separate lawsuit, Republicans seek to delay that special election, arguing Gov. Tim Walz violated state law when he set the date for it because it came too soon. The Minnesota Supreme Court heard oral arguments in that case on Wednesday.