The debate over whether Minnesota House Republicans acted lawfully when they elected a speaker is headed to the state Supreme Court.
Democratic-Farmer-Labor Secretary of State Steve Simon and the House DFL have filed lawsuits to stop Republicans from taking control of the House for the next two years, arguing it’s unconstitutional for them to move forward without Democrats present.
The 67 House Republicans on Tuesday elected Rep. Lisa Demuth, R-Cold Spring, as speaker with no DFLers present and continued to conduct business without Democrats on Wednesday.
Simon, who as secretary of state initiates the first House proceedings, ruled there was not a quorum present and adjourned the session. Republicans argued he couldn’t do that.
What led to this?
This year’s election gave the state a House tied 67-67, but the DFL is currently one seat down after a candidate was disqualified for not living in the district he ran to represent. Rep.-elect Curtis Johnson stepped down in late December after a court found there was enough evidence to show he didn’t live in the Roseville-area district where he claimed residency.
Johnson defeated his GOP opponent by 30 points, so the House tie likely will return after a special election to fill that seat on Jan. 28. But Republicans are trying to use this window of opportunity to take control of committees and elect a speaker for the next two years. They also are suing over the timing of the special election.
To prevent that from happening, DFL representatives are currently boycotting the session. The sides had attempted to negotiate a power-sharing deal, but talks fell apart before the Legislature convened Tuesday.
Democrats are also not showing up at the Capitol because Republicans have suggested they might not seat Shakopee DFL Rep. Brad Tabke even after a judge ruled he was eligible to take the 54A seat despite 20 missing ballots in the race. In response to the DFL boycott, Republicans have threatened to file recall election petitions against representatives who don’t show up.
DFLers say their absence denies the House the quorum of 68 members needed to conduct business, per their interpretation of the state Constitution. However, that is disputed by Republicans. They say a majority means a majority of elected members, 133, not total seats in the House, 134.
DFLers had most of their members sworn in on Sunday at a closed ceremony, meaning they didn’t have to show up on the first day. Typically members swear in at noon on the first day of session, something noted in the state Constitution, and Republicans decried the move as “illegitimate.”
Reaction
Rep. Melissa Hortman, leader of the DFL House Caucus, said the GOP’s actions on Tuesday were invalid.
“Republicans’ sham session had no legal authority, and the actions they took on January 14 have no legal effect. A 68-member quorum is required to conduct House business, and only 67 members were present,” said House DFL Caucus Leader Melissa Hortman. “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.”
Demuth said in a statement that Republicans will continue House business as a majority.
“Secretary Simon has no authority as a member of the executive branch over proceedings in the House, and his role is strictly ceremonial in nature,” Demuth said. “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.”