State Democrats believe that the actions taken by their Republican colleagues during the opening day of the legislative session “were improper and unlawful” and have asked the Minnesota Supreme Court to declare them as such.
Both the House DFL Caucus and Secretary of State Steve Simon filed petitions with the court Tuesday, asking the DFL-appointed justices to declare the Republicans’ actions “null and void.”
“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,” Rep. Melissa Hortman, the leader of the House Democrats, said in a statement.
The backstory
At noon Tuesday, the 94th session of the Minnesota Legislature began with Simon presiding over the House. Minnesota law says that the secretary of state, a member of the executive branch of government, shall be the presiding officer of the House on the first day of session until a speaker is elected.
The House is currently divided with 67 Republicans, 66 Democrats, and one vacancy, which will be filled via a special election in the coming weeks or months. Given the GOP’s one-seat advantage, Republicans elected Rep. Lisa Demuth as speaker and organized the chamber to their liking on the first day.
In an attempt to prevent this, House Democrats are boycotting the opening days of the legislative session, which they believe denies the GOP a quorum and should keep the House from operating.
According to the Minnesota Constitution, a majority must be present in order for the House to conduct business. Republicans say their 67 members constitute a majority because there were only 133 members when the new legislative session began. Conversely, Democrats, including Simon, say the presence of 68 members is required because the chamber has 134 seats.
Democrats say they will only return to the legislature if the GOP agrees to a power-sharing agreement which was anticipated when the House appeared to be tied at 67-67.
Supreme Court petitions
In their petition filed with the state’s high court, House Democrats argued that Republicans acted “beyond their lawful authority under the Minnesota Constitution, Minnesota law, Legislative and House rules, and traditional customs.”
“All of the actions taken after Secretary Simon adjourned the House, including Respondent Demuth’s election as Speaker of the House, were improper and unlawful,” says the lawsuit.
During Tuesday’s session, Simon ruled that a quorum was not present and then moved to adjourn the chamber. However, Republicans said that Simon has no authority over the House because he is not a member of the legislative branch and then carried on with the session without him.
WATCH: Minnesota Rep. Harry Niska blasts Secretary of State Steve Simon after he declared no quorum present during the first day of session, which DFL members skipped.
"The secretary of state is not a member of the legislative branch and has no constitutional authority over the… pic.twitter.com/Mnqs7t4OQq
— Alpha News (@AlphaNewsMN) January 14, 2025
“I have no interest in being part of a partisan struggle, but the authority granted by state law to the Secretary of State was violated today after the house adjourned,” Simon said in a press release. “I anticipate that the courts will provide clarity both on that issue and on the understanding that the person who holds the Secretary of State’s office is the presiding officer until a Speaker is legally elected—an event which has not yet occurred.”
Demuth expressed confidence that Republicans will prevail in the courts.
“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. There is ample precedent in the Minnesota Supreme Court and from the framers of Minnesota’s constitution regarding quorum,” she 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.”
Luke Sprinkle contributed to this report.
Anthony Gockowski
Anthony Gockowski is Editor-in-Chief of Alpha News. He previously worked as an editor for The Minnesota Sun and Campus Reform, and wrote for the Daily Caller.
