Republicans say Simon ignored motion to compel absent DFL legislators to appear on House floor

Rep. Harry Niska says his motion to compel the attendance of absent members is backed by the constitution; the DFL secretary of state disagrees.

House
The Minnesota House chamber pictured Jan. 14, 2025. (Hayley Feland/Alpha News)

Could another legal battle be brewing over establishing a quorum in the Minnesota House of Representatives?

On Monday, all 67 Republican members of the House returned to the chamber floor and registered their presence in a roll call to establish quorum. They then attempted, and failed, to get Secretary of State Steve Simon to entertain a motion to compel absent members to the House floor.

That came after the Minnesota Supreme Court ruled on Friday that a quorum in the House is only met when 68 members of the body are present. When all seats are filled by duly-elected members, the House has 134 members. The court’s decision sided with the argument DFL House leaders and Secretary Simon (also a Democrat) made in a lawsuit that Republicans’ current 67-66 advantage is not enough to conduct business in the chamber as long as Democrats continue their boycott.

The ruling essentially nullified Republican attempts during the first days of the legislative calendar to declare a quorum, organize the House, and begin conducting official business, with or without Democrats. House Democrats have continued to stick to their promise to not appear at the Capitol until Republicans agree to a power-sharing agreement.

That boycott continued on Monday when the other side of the House chamber remained empty as 66 DFL members stayed away from the Capitol for a 14th consecutive day, denying Republicans the ability to elect a speaker and organize the house.

“A quorum is not present, the House is adjourned,” Simon, who is acting as the speaker pro tem for the body until it’s officially organized, announced Monday.

Republicans claimed immediately after the session that Simon ignored a motion they brought before him to “compel those members who are not here” to appear in the chamber.

“We know there are 66 Democrats who could have come to work today,” said Speaker-designate Lisa Demuth, R-Cold Spring. “Instead they chose not to … We are hoping tomorrow that at least one Democrat can be found in the state of Minnesota that is elected to serve in the House of Representatives to actually show up.”

Rep. Harry Niska then explained that his Republican colleagues delivered a written motion to the rostrum and that Secretary Simon ignored it and gaveled out.

The motion requested that “absent members be compelled to attend” and said that those who “remain absent shall forego their legislative salary until they attend session.”

“It’s very clear in the constitution that we, even as a lesser amount, have the power to compel the attendance of absent members in the manner and under the penalties it may provide,” Niska told members of the media. “And it’s really shameful that Secretary Simon, who is not even a member of this branch, has overstepped his role. He didn’t even allow a motion to adjourn to a time; he just unilaterally did it on his own apparent authority, whatever he thinks his authority is in the House.”

Niska didn’t say whether Republicans in the House will exercise legal recourse over the matter. Section 13 in the Minnesota Constitution states: “A majority of each house constitutes a quorum to transact business, but a smaller number may adjourn from day to day and compel the attendance of absent members in the manner and under the penalties it may provide.”

Alpha News reached out to Simon on Wednesday asking for comment on Niska’s interpretation of that clause.

“Secretary Simon’s position has not changed from that expressed in his letters of January 10, 2025 and January 13, 2025,” said Cassondra Knudson, a spokesperson for the Minnesota Secretary of State. “Absent a quorum and an organized House of Representatives, the only item in order is adjournment.”

Knudson added that Simon’s analysis was outlined in letters he sent to House Republicans in the days leading up to Jan. 14, the first day of the legislative calendar.

Niska didn’t say whether Simon’s refusal to acknowledge his motion is grounds for a lawsuit, but it’s clear Republicans are not giving up their plan to compel those who are absent from the chamber to attend floor sessions, which continued on Tuesday and Wednesday, with Simon gaveling out each time after determining a quorum was not present.

On Tuesday, House DFL leaders Melissa Hortman and Jamie Long both made themselves available to media members, albeit remotely, as they continue their legislative boycott.

“Failure is not an option,” Hortman told media members about the continued negotiations she said leaders from both the GOP and DFL caucuses are conducting on a daily basis. “So we will keep meeting until we have an agreement and we can get going, and my hope remains that would happen this week.”

Hortman refrained from discussing details of those negotiations, but reiterated the goal was to come to a power-sharing agreement.

To date, Gov. Tim Walz has not yet issued a new writ to set a date for the House District 40B special election, which means Democrats could continue to have 66 members to the Republicans’ 67 for another month, or longer.

 

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.