MN DFL files petition to Supreme Court over GOP House control

ST. PAUL, Minn. (FOX 9) - Following a chaotic first day of the legislative session during which Republicans in the Minnesota House of Representatives declared a quorum and seated positions of power, House Democrats have filed a lawsuit asking the Minnesota Supreme Court to declare they acted in an unlawful manner.

‘Coup attempt’ on Day 1

What happened:

On Jan. 14, DFL lawmakers didn’t show up to the Minnesota House of Representatives on the first day of the session – an act said to deny a quorum, and block official business from being conducted.

After a roll call, Minnesota Secretary of State Steve Simon declared there weren’t enough members to do business, and adjourned the chamber.

But as Simon left the dais, GOP lawmakers continued to run the day’s session as if nothing had happened – casting a unanimous vote for Rep. Lisa Demuth (R-Cold Spring) as Speaker of the House.

Later in the day, DFL leaders held a press conference calling the act an "attempted coup" that circumvented the will of voters.

"Republicans’ sham session had no legal authority, and the actions they took have no legal effect. A 68-member quorum is required to conduct House business, and only 67 members were present," said DFL Rep. Melissa Hortman. "Democrats are denying quorum to protect the will of the voters in Shakopee and statewide. Republicans have stated their intent to use a two-week, one-seat advantage to kick out duly elected DFL state Rep. Brad Tabke."

Quorum control

Dig deeper:

Both parties are engaged in a battle over what constitutes a quorum, and ultimately who is in control of the House under Minnesota law.

Previously, Secretary of State Steve Simon provided the interpretation that the Minnesota Constitution, in Article 4, Section 13, states "A majority of each house constitutes a quorum to transact business," and that Minnesota state law provides that the Minnesota House is composed of 134 members.

The result would require 68 members from one political party to be in a quorum, and proceed with official business – such as House speaker designation, and committee chair assignments.

However, GOP leaders continue to contest that argument, rejecting a judge’s decision in favor of DFL incumbent Rep. Brad Tabke, that had been challenged by GOP candidate Aaron Paul, that ruled in favor of Rep. Tabke on Tuesday.

The GOP believes that, in the absence of Rep. Tabke being seated, the House would be down one member, and 67 would constitute a quorum.

A Scott County judge decided Rep. Tabke's win will stand in an election decided by only 14 votes, with GOP leaders claiming 20 votes had been "destroyed" in the race. In November, Scott County officials determined the missing ballots were the result of human error that occurred during the collection of early absentee ballots at the City of Shakopee.

A request to nullify Rep. Brad Tabke’s election and to order a new election has also since been rejected.

With a House roll call at 67-66 following the decision, DFL leaders have reportedly sought a power-sharing agreement that would allow both parties to hold positions of power at different times during sessions.

Supreme Court petition

Why you should care:

Simon, acting in his official capacity as Minnesota Secretary of State, has petitioned the Minnesota Supreme Court to determine whether Rep. Demuth has "usurped his role as the presiding officer of the Minnesota House of Representatives."

Filed on Jan. 15, the petition argues that "because members of the House lacked a constitutionally required quorum when they purported to elect Rep. Demuth on Jan. 14, the Secretary remains the presiding officer under Minnesota statute."

But the GOP continues to disagree.

"Secretary Simon has no authority as a member of the executive branch over proceedings in the House, and his role is strictly ceremonial in nature. There is ample precedent in the Minnesota Supreme Court and from the framers of Minnesota’s constitution regarding quorum," said Rep. Demuth in a statement on Wednesday. "We look forward to defending the House from this attack on our Constitutional separation of powers, and to ensuring the Minnesota House continues its important work on behalf of Minnesotans who elected us to show up and do our jobs."

Meanwhile, DFL lawmakers Rep. Hortman, Rep. Jamie Long and Rep. Athena Hollins have filed a similar petition against GOP members Rep. Demuth, Rep. Harry Niska and Rep. Paul Anderson.

What's next:

Republicans say they intend to come every day during the legislative session.

Meanwhile, Democrats have insisted they will not show up until either a power-sharing agreement can be reached, or a Supreme Court ruling.