At a Wednesday meeting, Minnesota Secretary of State Steve Simon informed Republican leaders in the Minnesota House that he has determined at least 68 members must be present in order for the chamber to conduct legislative business.
This development comes amidst a contentious few days in which Republicans indicated that the presence of only 67 members would be enough to conduct business, while Democrats have said that at least 68 members must be in attendance.
The debate over what constitutes a quorum began after Democrats threatened to not show up for the first two weeks of the 2025 legislative session unless the GOP agreed to a power-sharing agreement in the closely divided chamber.
Democrats threaten to withhold a quorum
The Minnesota House is scheduled to begin the new legislative session on Jan. 14 with 67 Republicans, 66 Democrats, and one vacancy. The vacancy resulted after a DFL candidate was found ineligible to serve in the House. As such, a previously anticipated 67-67 tie in the 134-member chamber suddenly changed.
Given the vacancy, there will only be 133 legislators in the House when the new legislative session starts. As such, the GOP said their 67 votes constitute an “organizational majority” and the need for a previously-negotiated power-sharing agreement no longer exists.
Additionally, Republican leaders announced they intend to take control of committees and elect a GOP House Speaker. In response, House DFL leaders threatened to not show up at the state capitol unless the GOP agreed to a power-sharing agreement. According to the DFL, a power-sharing agreement would honor the tie Minnesotans voted for in November.
However, an outstanding election challenge against an incumbent House Democrat could still alter the composition of the chamber. DFLers have said their candidate prevailed in the contested race while Republicans believe a new election should be called.
What constitutes a House quorum?
The Minnesota Constitution requires the House to have a majority of its members present in order for the chamber to conduct business. By not showing up at the state capitol, the DFL would be attempting to deny Republicans a quorum when the Minnesota House opens.
Despite this, House Republicans said their expectation is that they have a quorum with 67 Republicans because the House will only be made up of 133 members when the legislative session starts. Meanwhile, House Democrats have said that a quorum is a majority of the chamber’s seats, not a majority of the members currently in office.
When the legislative session begins, Secretary of State Steve Simon, a Democrat, will be the presiding officer of the House. According to DFL Speaker-designate Melissa Hortman, the secretary of state will determine if a quorum is present when the session convenes.
Secretary of State says House quorum is 68 members
On Tuesday, the Office of the Secretary of State (OSS) was asked about Simon’s role in deciding the House quorum situation. At that time, a spokesperson for Simon told Alpha News that the secretary “is consulting with nonpartisan staff and legal counsel to review relevant house rules, statute, case law, and precedent.”
Yesterday, the OSS informed Alpha News that Simon had met with House Republican leadership on Wednesday “in the spirit of courtesy and transparency about the process.”
Describing what took place at that meeting, the OSS said the following:
“Sec. Simon shared that under the Minnesota Constitution and state statute the majority needed for a quorum in the House of Representatives is 68 members. This determination was made after extensive research, analysis, and consultation with nonpartisan experts.
“Sec. Simon offered the opportunity for the Republican leaders to ask questions and to provide their perspective regarding his authority. He made clear his willingness to reevaluate his position if provided with new information. Republican leaders have not yet shared any legal analysis supporting an alternative position.”
Further, the OSS said the office would “provide additional information in the coming days” and Simon “intends to provide his legal analysis to the leadership of both parties before the convening of the legislative session.”
Given the OSS statements, House Republicans could be one vote shy of having the ability to conduct legislative business, organize the chamber, and elect a GOP House Speaker on their own.
Asked about the meeting with Simon, GOP Speaker-designate Lisa Demuth issued the following statement to Alpha News:
“In conversations with House GOP leaders, Secretary Simon indicated that he feels justified in wielding unprecedented power to silence the voice of all sworn-in House members in the absence of his interpretation of a quorum. Republicans were told that they may not even be recognized on the House Floor for questions about the process happening that day. To this point, we have not been given any legal justification that he’s basing his interpretation on, and House Republicans believe that his intent to use his ceremonial position as temporary presiding officer to silence sitting legislators is an overreach of epic proportions.”
Luke Sprinkel
Luke Sprinkel previously worked as a Legislative Assistant at the Minnesota House of Representatives. He grew up as a Missionary Kid (MK) living in England, Thailand, Tanzania, and the Middle East. Luke graduated from Regent University in 2018.
