GOP plans to recall DFL members if no-show at session start

ST. PAUL, Minn. (FOX 9) - The partisan power struggle that began after a court disqualified a Democratic winner and broke an even split in the Minnesota House will likely continue as the chamber convenes for its 2025 legislative session on Tuesday.

GOP threatens to recall DFL lawmakers

What we know:

At a news conference at the State Capitol on Monday, Rep. Melissa Hortman (DFL-Brooklyn Park) reiterated her party’s plans to deprive Republicans of a quorum – 68 members – on Tuesday.

What they're saying:

"We only have two options – one is filibuster and the other is denial of quorum," she said. "A small part of our job is going to a House floor session. But the vast majority of our job is interacting with constituents and interacting with elected officials."

Republicans, who claim they have an "organizational majority," said they plan to recall any House lawmaker who does not show up.

"One of the most basic duties of a legislator is to show up and to legislate," said Ryan Wilson, an attorney for the GOP. "We’re bringing this petition under nonfeasance, the failure to do their job." 

An entire party of House lawmakers has never failed to show up in Minnesota.

Recall process lengthy and complex

Dig deeper:

The recall process for state lawmakers is complicated, involves multiple agencies and signature requirements and can take several months. Since the process was put into law in 1996, no recall effort has been successful.

How It Works:

Under state law, a recall is allowed for three reasons: malfeasance, nonfeasance and a serious crime.

Republicans plan to argue that Democrats’ plans to not report to the House floor constitutes nonfeasance, or a failure to perform the duties of the office.

A recall petition requires signatures from 25 voters in a lawmaker’s district. The Minnesota Secretary of State would then review the petition and, if it is valid, send it to the Minnesota Supreme Court. 

The high court would then determine if the petition met the legal requirements to move forward. Another judge would then review the petition and schedule a public hearing.

The petition would then head back to the high court for a final determination.

The next step requires another petition, which must garner signatures from 25 percent of the voters who cast a ballot for the office in the most recent election. If the second petition were to get the required signatures within 90 days, the governor would then schedule an election. The election requires a majority of votes for removal.

"It was designed to be incredibly difficult, and almost impossible to recall people," said David Schultz, a political science professor at Hamline University in St. Paul.

Schultz said although both parties are playing games, the optics are worse for Democrats.

"Many people are saying, ‘Well, listen – in my own job if I don’t show up to work, I get fired, I don’t get paid.' And so, I think right now the Democrats have more of an optical issue, more of a public relations issue," he said.