House Democrats hold ‘illegitimate,’ secret swearing-in ceremony as they threaten to boycott start of session

"State law is clear: swearing in happens at noon on the day the legislature convenes; any attempt to subvert that is illegitimate," said Rep. Lisa Demuth, who called on Gov. Tim Walz to condemn the "outrageous stunt."

The House DFL released this photo of the secret swearing-in ceremony at the Minnesota History Center. (House DFL/X)

The rumors that the Minnesota House DFL caucus covertly swore in its incoming members over the weekend—away from the Minnesota Capitol—had been swirling for hours before the confirmation came from their leadership late on Sunday evening.

It does not appear that any members of the media or the public were informed about the swearing-in ceremony ahead of time.

The reason for the secret swearing-in ceremony cited by Democrats in a press release distributed to media shortly after 9 p.m.? They won’t show up on Tuesday when the 2025 legislative session begins if Republicans try to use their one-seat advantage—albeit a temporary one—to organize an official majority in the chamber.

“Denial of quorum is a legitimate parliamentary tactic,” Rep. Melissa Hortman, DFL-Brooklyn Park, said after her House Republican colleagues issued a statement describing the secret swearing-in ceremony as “lawless antics” out of step with state statute.

“Last week we publicly stated our reasons for denying quorum—we would like Republicans to honor the will of the voters,” Hortman added. “We’re working to successfully conclude negotiations with House Republicans and remain hopeful that we will have a power-sharing agreement before Tuesday.”

For context: The power-sharing agreement Hortman refers to was a topic of discussion among Republicans and Democrats following the Nov. 5 election when it appeared that each caucus would have 67 members entering the chamber this session. But then one of the DFL’s members was ruled ineligible for office because he didn’t live in the district he was elected to represent.

Democrats admitted that their members held an oath of office ceremony on Sunday at the Minnesota History Center in St. Paul. They say the ceremony was administered by retired Judge Kevin Burke, who used to employ Hennepin County Attorney Mary Moriarty as a law clerk.

Republicans called that move a “slap in the face to the institution and to every voter who expects their elected officials to act in good faith and uphold the integrity of the legislative process.”

“State law is clear: swearing in happens at noon on the day the legislature convenes; any attempt to subvert that is illegitimate,” said Rep. Lisa Demuth, R-Cold Spring, the top-ranking Republican in the House.

Republicans say they are resolute in their plans to elect Demuth the House speaker on Tuesday, and that the 67-66 advantage they hold over Democrats constitutes a quorum.

A special election for House District 40B will be held Jan. 28. DFL House members continue to insist they will not show up to the state legislature until at least the first few days of February when they expect the winner of that special election to be a Democrat, unless Republicans agree to a power-sharing agreement.

Among those who reportedly took the oath of office during Sunday’s secret ceremony was Brad Tabke, who is currently engaged in litigation with his Republican opponent, Aaron Paul. Paul believes a new election should be called since 20 ballots went missing in the race, which was decided by 14 votes. A judge is expected to issue a ruling in that case imminently.

“If these media reports are correct, Mr. Tabke’s performative actions would represent a direct attack on this Court and its authority to decide the current action, which presumably, this Court intends to rule on imminently,” Paul’s attorneys wrote in a letter to the judge Monday morning.

“Mr. Tabke’s actions would thus represent a serious attack on separation of powers and this Court’s power of judicial review. As such, this Court may wish to consider issuing a show cause order and to hold appropriate proceedings so as to determine whether Mr. Tabke should be subject to sanctions, or be held in contempt of court.”

Republicans also held a press conference Monday saying they plan to file recall petitions against Democratic legislators who skip the start of session.

 

Hank Long

Hank Long is a journalism and communications professional whose writing career includes coverage of the Minnesota legislature, city and county governments and the commercial real estate industry. Hank received his undergraduate degree at the University of Minnesota, where he studied journalism, and his law degree at the University of St. Thomas. The Minnesota native lives in the Twin Cities with his wife and four children. His dream is to be around when the Vikings win the Super Bowl.