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Minnesota House Republicans filed a lawsuit against Secretary of State Steve Simon Thursday, saying he has “seized unilateral control” of the chamber.
“Secretary Simon is illegally obstructing our ability to compel absent members as specifically stated in the Constitution,” Republican Speaker-designate Lisa Demuth, R-Cold Spring, said in a statement along with Rep. Harry Niska, R-Ramsey.
“Because he refuses to allow a motion on the House Floor to hold Democrats accountable, we are taking legal action to make sure it happens. Democrats are obstructing House business, and it needs to stop.”
The Minnesota House is currently composed of 67 Republicans, 66 Democrats, and one vacancy. Democrats plan to boycott the legislative session until the vacancy is filled (which they assume will be by a Democrat) or if a power-sharing agreement is reached. The Minnesota Supreme Court ruled last week that with just 67 members, Republicans are unable to reach a quorum on their own.
However, the state constitution allows a number smaller than a quorum to “compel the attendance of absent members in the manner and under the penalties it may provide.”
Simon, in his role as temporary presiding officer, has refused to entertain Republican motions this week to compel the attendance of absent Democrats.
“Secretary Simon’s position has not changed from that expressed in his letters of January 10, 2025 and January 13, 2025,” a spokesperson for his office previously told Alpha News. “Absent a quorum and an organized House of Representatives, the only item in order is adjournment.”
In their lawsuit filed with the Supreme Court, however, Republicans argue that “the plain text of our Constitution authorizes those House Members who show up for work at the Capitol to bring motions, and to hold votes, on adjournment and on compelling the attendance of absent members.”
“In short, the Constitution provides one tool for resolving our current legislative crisis: the attending Members can compel the absent ones to show up,” the lawsuit says. “But Simon has seized unilateral control of the House in order to prevent the exercise of that power. This Court must put a stop to that grave constitutional violation so that the situation can move toward a resolution.”