MN House GOP pushes ahead without official quorum as DFL skips Day 1

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GOP votes Rep. Demuth as MN House speaker

Even after Secretary of State Steve Simon declared the Minnesota House didn't have enough members present to conduct business, as the DFL skipped Day 1 of the session, GOP members pushed through with electing a speaker.

Amid a power struggle between parties, DFL members skipped the first day of the legislative session as the Minnesota House gavels in on Tuesday. That didn't stop Republicans from pushing ahead with business, even without an official quorum.

What happened in MN House?

Timeline:

DFL chairs were empty as Secretary of State Steve Simon attempted to start the session at noon.

Simon says the House needs 68 members for a quorum -- the minimum number of lawmakers needed to conduct business. If there aren't enough members, lawmakers can't hold the session. GOP members are disputing Simon's assessment. They believe, since the House is down one member, 67 members is enough to conduct business.

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Chaotic Day 1 recap at Minnesota Legislature

It was a wild start to the legislative session at the Minnesota House of Representatives, with both political parties at odds with who is in charge. FOX 9’s Mike Manzoni recaps day one.

At noon, the House attempted to gavel into session. Secretary of State Simon began proceedings and a roll call was held.

  • 12:27 p.m.: The oath of office was held for the members present.
  • 12:28 p.m.: A second roll call was held to determine a quorum. Again, with 67 members present.
  • 12:29 p.m.: Secretary of State Simon declared business can not move forward without a quorum. He then adjourned the session. GOP members did not leave.
  • 12:30 p.m.: GOP members disputed the lack of a quorum and moved to have Rep. Paul Anderson (District 12A) – the oldest member – lead the House.
  • 12:31 p.m.: GOP members then voted to override Simon's adjournment and held another roll call.
  • 12:33 p.m.: Rep. Anderson declared a quorum is present with 67 members.
  • 12:56 p.m.: GOP members voted Rep. Lisa Demuth (R-Cold Spring) in as speaker.
  • 12:56 p.m.: DFL members put out a statement calling the GOP proceedings "an unlawful sham." DFL says the GOP doesn't have a quorum and has no legal authority to conduct business.
  • 1:13 p.m.: House members voted on rules for the chamber.
  • 1:20 p.m.: GOP members adjourned the House session again.

DFL reacts to GOP actions

What they're saying:

In a mid-afternoon news conference, DFL lawmakers again criticized the Republicans, while also celebrating Rep. Brad Tabke's court victory in the race for District 54A – another race that had been called into question.

"Today, we saw a really astonishing attempt to grab power in the Minnesota House," said Rep. Jamie Long. "The House GOP took their oath of office and then promptly turned around and violated it."

DFL members cited several justifications for skipping Day 1, including:

  • Failing to reach a fair power structure agreement with Republican members.
  • GOP threats to kick Tabke out of the House.
  • Show both parties have to work together to get a budget passed.

DFL members also reiterated their belief that the Republicans are violating quorum by trying to conduct business with only 67 members.

What's next:

Rep. Melissa Hortman, the DFL's speaker designate, expects lawsuits to be filed Tuesday and Wednesday on the Republican lawmakers' quorum declaration. Rep. Hortman thinks the challenges will be expedited to the Minnesota Supreme Court and could be settled in the matter of a couple of weeks.

Speaking with FOX 9, the Secretary of State's office said the GOP's actions were illegal and they plan to file a petition in Minnesota Supreme Court. In a statement, Secretary Simon says:

"Minnesota’s Laws and Constitution are clear on the Secretary of State’s authority to preside over the House of Representatives until it establishes a quorum to and elects a speaker. I have no interest in being part of a partisan struggle, but the authority granted by state law to the Secretary of State was violated today after the house adjourned.

I have made very clear to both caucuses and the public ahead of convening my legal conclusion that 68 members are required for the House to conduct business. I anticipate that the courts will provide clarity both on that issue and on the understanding that the person who holds the Secretary of State’s office is the presiding officer until a Speaker is legally elected – an event which has not yet occurred."

Rep. Hortman hopes to reach an agreement with Rep. Demuth in the near future – otherwise DFL lawmakers might not show up until February.

Meanwhile, Rep. Demuth and Republican lawmakers plan to return to the House floor on Wednesday to move forward with business. When asked about a potentially legal challenge, Rep. Harry Niska (R-Ramsey) said they would follow any Minnesota Supreme Court order if the court were to rule on the situation. He's confident the court will side with their interpretation of the law.

Power struggle in Minnesota House

The backstory:

After Election Day, the Minnesota House was slated to be an even split in membership between the DFL and GOP at 67-67.

However, a court decision vacated the winner of House District 40B (Roseville/Shoreview), removing one DFL member. A special election is scheduled for later this month to fill that seat. But the empty seat leaves the GOP with a one seat advantage. Given the district's voter makeup, when the special election happens, it's very likely the seat will stay blue.

DFL members took an early oath of office on Sunday – a ceremony Republicans have called illegal and illegitimate – as a contingency if members didn't show up on Tuesday.

Fight for control of MN House

Big picture view:

The Democrats are calling on Republican members to agree to a powersharing agreement. If no agreement is reached, DFL members vowed to skip the start of the session.

If DFL members don't show up, that would leave Republicans without a quorum, which means lawmakers couldn't move forward with business. However, there have been questions over what constitutes a quorum. Secretary of State Steve Simon said last week he believes lawmakers need at least 68 members to hold a session. However, because the legislature is down a member, the GOP believes they should only need 67 members to reach the minimum threshold.

The GOP is threatening to try to recall DFL members if they don't show up for work.

Why it matters:

If Republicans hold a majority at the start of the session – even if temporary – they can set leadership assignments for the next two years that Democrats wouldn't be able to change. That would allow GOP lawmakers to guide legislation in committee even if the DFL adds another member to even up the count.

Democrats are trying to thwart that advantage by not showing up on Tuesday, delaying the start of the session.

The other side:

In the Minnesota Senate, where there is also a split majority between the DFL and GOP, the session kicked off as expected. Over the weekend, Senate members announced a powersharing agreement to move forward.

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