Interesting Times in the 2025 Minnesota Legislature

 

On Tuesday, January 14, 2025, Minnesota’s 94th legislative session is due to be called into order by Steve Simon, Minnesota’s elected secretary of state.  What happens next in the MN House of Representatives is a constitutional crisis.  The basic facts:

  1.  MN voters elected 67 Republican House Representatives and 67 Democrat House Representatives in November 2024.  However!  One of the Democrat reps. was found by a court to NOT have residency in their district (House District 40B) and cannot be seated in the 2025 legislature.  THEREFORE: At the start of the House session, Republicans will have a 1-vote majority until the special election can be held (there is even more controversy here).
  2. With a 1-vote majority, the Republicans will elect Lisa Demuth as speaker.  She would take office for 2 years unless there was some unforeseen death or resignation during that time period.  She would be the first African-American speaker of the MN House.  The speaker has a lot of power to name committee assignments, etc.
  3. HOWEVER, Democrats are threatening not to show up on January 14, which causes all kinds of questions. If all Democrats are a no-show, Steve Simon, a Democratic partisan hack, may declare that the quorum requirement failed (lots of different opinions on what constitutes a quorum in the constitution/house rules).  This would cause a constitutional crisis as the House session would be done at that point, and couldn’t start again without a special session, which has its own complicated rules.
  4. Will a couple of Democrats from swing districts feel pressured to show up to save their seats?  There are reports that this may happen.
  5. The special election for House District 40B (a Plus 20 Democrat district) is “scheduled” for January 28, 2025.  The date is the subject of a lawsuit as Gov. Walz did not follow the clear constitutional rules for a special election, but Steve Simon went ahead anyway.
  6. In addition, House District 54A elected a Democrat by 14 votes.  However, 20 cast ballots were accidentally destroyed.  Whether a new election will be called is currently being litigated, and the judge promised to rule by…January 14, 2025.

The MN State Senate also has interesting times ahead.  In November, Minnesota voters elected 34 Democratic Senators and 33 Republican Senators.  However, one of the Democratic Senators died in December, and there is a special election in a few weeks. That district is solidly Democratic (probably Plus 40), and it is unlikely a Republican will win.  In addition to this situation, one of the Democratic senators is currently being tried for burglarizing her stepmother’s house (a fun story in itself).  The senator is begging the court to postpone the trial.  All Republican senators and several Democrat senators are on record recommending that Senator Burglar resign or not be seated.  We’ll see how that turns out.

Stay tuned for interesting times next week.

Published in Politics
Like this post? Want to comment? Join Ricochet’s community of conservatives and be part of the conversation. Join Ricochet for Free.

There are 22 comments.

Become a member to join the conversation. Or sign in if you're already a member.
  1. Arahant Member
    Arahant
    @Arahant

    Thanks for the report. I look forward to future word. (Glad it’s not my state.)

    • #1
  2. Miffed White Male Member
    Miffed White Male
    @MiffedWhiteMale

    That sounds like something from a Christopher Buckley novel.

     

    • #2
  3. kedavis Coolidge
    kedavis
    @kedavis

    Should we expect @jameslileks to weigh in on this?

    • #3
  4. Brian J Bergs Coolidge
    Brian J Bergs
    @BrianBergs

    Miffed White Male (View Comment):

    That sounds like something from a Christopher Buckley novel.

     

    Because of the name “Senator Burglar?”  Buckley uses rather  interesting names of his characters.

    • #4
  5. Steven Seward Member
    Steven Seward
    @StevenSeward

    I thought Minnesota was a solidly Blue State.  I guess the last election evened things out.  Just shows the power of the Harris Walz ticket!

    • #5
  6. Randy Weivoda Moderator
    Randy Weivoda
    @RandyWeivoda

    Steven Seward (View Comment):

    I thought Minnesota was a solidly Blue State. I guess the last election evened things out. Just shows the power of the Harris Walz ticket!

    Like a lot of states, the metropolitan areas are dominated by Democrats, the rest of the state leans Republican.  Republicans always lose the presidential contest, but are not consistently shut out of the legislature.  Democrats generally outnumber Republicans, but it isn’t by a gigantic margin.

    • #6
  7. Brian J Bergs Coolidge
    Brian J Bergs
    @BrianBergs

    Update #1, January 12, 2025:

    A rumor is making the rounds that House Democrats already claim to have been sworn in, two days early. According to reporter Blois Olson of Morning Take:

    “House DFL members were sworn in by retired Judge Kevin Burke at the MN History Center this afternoon.”

    It is unclear to me what this action is trying to accomplish.

    Over at Powerlineblog.com John Hinderaker reports on this rumor as well.   The swearing-in is unconstitutional by my read.   His second update surmises that the Democrat Representatives acted this way in order to get paid.  They cannot be paid until sworn in.  My personal assumption is their staff cannot be paid unless they are sworn in as well.

    https://www.powerlineblog.com/archives/2025/01/constitutional-crisis-in-minnesota.php

    • #7
  8. Arahant Member
    Arahant
    @Arahant

    Brian J Bergs (View Comment):
    His second update surmises that the Democrat Representatives acted this way in order to get paid.  They cannot be paid until sworn in.  My personal assumption is their staff cannot be paid unless they are sworn in as well.

    Grifters.

    • #8
  9. Brian J Bergs Coolidge
    Brian J Bergs
    @BrianBergs

    Update #2, January 13, 2025

    The early swearing-in of Democratic members of the MN House of Representatives is no longer a rumor.  The Democrat members put out their own press release announcing it with the stated purpose of denying the Republicans a temporary one vote majority.  This situation is a mess.

    https://wjon.com/minnesota-house-democrats-take-oath/

     

    • #9
  10. Miffed White Male Member
    Miffed White Male
    @MiffedWhiteMale

    Brian J Bergs (View Comment):

    Update #2, January 13, 2025

    The early swearing-in of Democratic members of the MN House of Representatives is no longer a rumor. The Democrat members put out their own press release announcing it with the stated purpose of denying the Republicans a temporary one vote majority. This situation is a mess.

    https://wjon.com/minnesota-house-democrats-take-oath/

     

    Sounds kind of insurrectiony.

    • #10
  11. Brian J Bergs Coolidge
    Brian J Bergs
    @BrianBergs

    Update #3, January 14, 2025

    Steve Simon, elected Minnesota Secretary of State, opened the session this morning.  Half of the room was empty and the Republican side of the room was full.  Mr. Simon appointed a clerk pro tem from the members who were present.  There was a prayer from the chaplain, the pledge of allegiance was said, the roll taken, a MN Supreme Court justice swore them in, and the clerk pro tem announced the number in attendance (67 of 133).

    Mr. Simon then declared that 68 was the number needed for quorum, announced there was no quorum, he gaveled the meeting ended and walked off.  

    The members present attempted to make a motion but it fell flat.  The members present stayed in place.  After a few minutes, Rep. Paul Anderson, the person I presume was the oldest member in the assembled representatives, took the podium.  He called the meeting back into order.  

    Rep. Lisa Demuth (GOP) was then elected Speaker of the House.  

    Let the lawsuits begin.

    The relevant section of the Minnesota State Constitution is printed below.

    2024 Minnesota Statutes
    3.05 ORGANIZATION.
    At noon of the day appointed for convening the legislature, the members shall meet in their respective chambers. The lieutenant governor shall call the senate to order and the secretary of state, the house of representatives. In the absence of either officer, the oldest member present shall act in the officer’s place. The person so acting shall appoint, from the members present, a clerk pro tem, who shall call the legislative districts in the order of their numbers. As each is called, the persons claiming to be members from each shall present their certificates to be filed. All whose certificates are so presented shall then stand and be sworn.

    3.96 QUORUM AND VOTE REQUIREMENTS.
    In the event of an attack the quorum requirement for the legislature is a majority of the members of each house who convene for the session. If the affirmative vote of a specified proportion of members of the legislature would otherwise be required to approve a bill, resolution, or for any other action, the same proportion of the members of each house convening at the session is sufficient.

    • #11
  12. kedavis Coolidge
    kedavis
    @kedavis

    Sounds like Mr Simon needs to be “impeached, removed, barred from office.”  But that probably takes more than a simple majority.

    • #12
  13. Arahant Member
    Arahant
    @Arahant

    Brian J Bergs (View Comment):
    In the event of an attack

    It sounds like an attack on the state’s constitution to me for the Dems to stay away.

    • #13
  14. Brian J Bergs Coolidge
    Brian J Bergs
    @BrianBergs

    Update #4, January 15, 2025

    As anticipated the action now moves to the courts.  House Democratic leaders and DFL Secretary of State Steve Simon, who gaveled an immediate end to the initial Tuesday session was ignored by Republicans, asked the Minnesota Supreme Court to weigh in and declare illegal the session currently underway with only Republicans in attendance.

    The House Rules Committee, with only Republican members present on Wednesday, approved a resolution retaining attorneys to represent Demuth and Republicans against the legal challenges.  

    Republicans accuse Democrats of violating state law by having their members take an oath of office at a private ceremony on Sunday — two days before the formal start of the 2025 session. Republicans referred to their Democratic colleagues Tuesday as “Representative-elect,” but so far haven’t initiated court action to challenge whether they are duly sworn.

    The Minnesota Supreme Court has already been drawn into an election dispute over one unsettled House seat, with a hearing Wednesday morning over the timing of an upcoming special election.  That seat in MN House District 40B (normally Plus 20 Democratic) became suddenly vacant after the Democratic winner of the November election bowed out after a judge found he didn’t establish proper residency in the district. 

    Governor Walz scheduled a special election for Jan. 28, but Republicans sued saying that the actual vacancy hadn’t occurred.  The election winner never took office is the basis for the lawsuit filed by attorneys for the Republican Party and the Minnesota Voters Alliance.  The case seeks to cancel and reschedule the Jan. 28 special election.  An attorney for Walz said he properly employed a state law allowing for special election preparations when a vacancy is inevitable.

    The relevant state laws are below:

    2024 Minnesota Statutes

    351.055 PREPARATIONS FOR SPECIAL ELECTIONS.
    If a future vacancy becomes certain to occur and the vacancy must be filled by a special election, the appropriate authorities may begin procedures leading to the special election so that a successor may be elected at the earliest possible time. For prospective vacancies that will occur as a result of a resignation, preparations for the special election may begin immediately after the written resignation is received by the official provided in section 351.01, subdivision 1.

    351.01 RESIGNATIONS.
    §Subdivision 1.To whom made. Resignations shall be made in writing signed by the resigning officer:
    (1) By incumbents of elective offices, to the officer authorized by law to fill a vacancy in such office by appointment, or to order a special election to fill the vacancy;

     

    • #14
  15. Brian J Bergs Coolidge
    Brian J Bergs
    @BrianBergs

    Update #5, January 17, 2025

    First of all a small note on the MN Senate.  As previously mentioned the Democrats will likely have a 1 vote majority when a Senate special election takes place in a couple weeks where there is a vacancy due to death of a member in a Plus 40 Democratic district.  The news though is that democrat Senator “Burglar” will have her trial postponed until after the legislative session.

    The big news though comes from the MN Supreme Court who unanimously ruled Governor Walz illegally called a special election in House District 40B (see point 5 above).  The illegally called special election was due to happen on January 28.  Now it will likely get pushed into late February at best.  (Walz says March).

     The MN Supreme Court in a footnote to the ruling said they will be hearing oral arguments regarding the lawsuits related to the quorum (See Update #4) issue on January 25.  

    Given the court’s interpretation of the special election rules which they clearly cite in their opinion the Democrats find themselves between a rock and a hard place.  The principal clause in the ruling states: Under this subdivision, a writ of special election could not issue until sometime after the start of the legislative session, which began on January 14, 2025, with the specific date for the writ’s issuance depending on any actions by the House. 

    How could the session start if there was no quorum?  Don’t answer that but to the exact point above: 

    1.  If the court ultimately decides that the quorum did exist on January 14 with all 67 Republicans in attendance then the writ of special election passed on January 14 by the Republicans is valid (they did take up the issue).
    2. If the court ultimately decides that the quorum did NOT exist on January 14, at least one Democrat needs to come in and create the quorum in order for the House to issue a writ of special election(and re-do the election of a Republican Speaker, etc.).  Otherwise the stalemate continues ad nauseum.  
    • #15
  16. kedavis Coolidge
    kedavis
    @kedavis

    I just find it entertaining to watch Minnesota twist itself into knots.

    • #16
  17. Steven Seward Member
    Steven Seward
    @StevenSeward

    kedavis (View Comment):

    I just find it entertaining to watch Minnesota twist itself into knots.

    And that’s even without Jesse Ventura!

    • #17
  18. Brian J Bergs Coolidge
    Brian J Bergs
    @BrianBergs

    Update #6, January 25, 2025

    The MN Supreme Court has sided with the democrats on the quorum issue.  Late yesterday they unanimously ruled that the MN Constitution clearly holds that the quorum is based on the total number of seats (whether occupied or not).  So the MN House is back to square one.  Lisa Demuth is no longer the first African American Speaker of the MN House.

    Where it goes from here is unclear.  The democrats refuse to show up unless they get a favorable power sharing agreement.  The republicans show up but now they can do no work since a quorum is not established.

    The special election to fill the open seat cannot be called until early February then likely a month after that.  The democrats assume that the district will provide a democrat representative as it is typically a +20 democratic district.  

    I think there are some other lawsuits that could be filed by the Republicans to muck things up and perhaps they will do that.  The lawsuits could be good bargaining chips as a power sharing agreement gets discussed.

     

    • #18
  19. Brian J Bergs Coolidge
    Brian J Bergs
    @BrianBergs

    Update #7, January 30, 2025

    The MN House of Representatives is still NOT in session as the 66 democrats continue to refuse to show up and join the 67 Republicans.  The special election to fill the 1 open seat will likely get called by Gov. Walz next week and that will likely start a lawsuit as to whether the Constitution allows the governor to call it if the House has not been in session.  It’s complicated.

    Today the Republicans filed suit to force MN Secretary of State Steve Simon to allow them to compel members of the House to show up.  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.”

    The excrement cabaret continues.

    • #19
  20. Steven Seward Member
    Steven Seward
    @StevenSeward

    Brian J Bergs (View Comment):

    Update #7, January 30, 2025

    The MN House of Representatives is still NOT in session as the 66 democrats continue to refuse to show up and join the 67 Republicans. The special election to fill the 1 open seat will likely get called by Gov. Walz next week and that will likely start a lawsuit as to whether the Constitution allows the governor to call it if the House has not been in session. It’s complicated.

    Today the Republicans filed suit to force MN Secretary of State Steve Simon to allow them to compel members of the House to show up. 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.”

    The excrement cabaret continues.

    Something tells me that the democrats can’t keep this childish tantrum going forever.  We’ve seen immature tactics like this from democrats in other States, but I think they’ve always lost in the end.

    • #20
  21. kedavis Coolidge
    kedavis
    @kedavis

    Steven Seward (View Comment):

    Brian J Bergs (View Comment):

    Update #7, January 30, 2025

    The MN House of Representatives is still NOT in session as the 66 democrats continue to refuse to show up and join the 67 Republicans. The special election to fill the 1 open seat will likely get called by Gov. Walz next week and that will likely start a lawsuit as to whether the Constitution allows the governor to call it if the House has not been in session. It’s complicated.

    Today the Republicans filed suit to force MN Secretary of State Steve Simon to allow them to compel members of the House to show up. 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.”

    The excrement cabaret continues.

    Something tells me that the democrats can’t keep this childish tantrum going forever. We’ve seen immature tactics like this from democrats in other States, but I think they’ve always lost in the end.

    But we shouldn’t underestimate the possible corruption or plain stupidity that judges might be capable of.

    • #21
  22. Brian J Bergs Coolidge
    Brian J Bergs
    @BrianBergs

    Update #8 (Final?) February 6, 2025

    An agreement was announced today between the MN House republicans and democrats.  In short, the dems will now show up and approve Rep. Lisa Demuth (R) as the Speaker of the MN House for the next biennium.

    The republicans also secured that they have committee chair power (since they are currently in the majority 67-66) until an expected democrat win in House District 40B (normally a +20 Democrat district).  Then the committee chairs will be shared (unless the republican wins).  The republicans also have their new House Fraud and Oversight Committee approved.

    The democrats get the committee power sharing agreement as mentioned above.  The republicans will also not seek to overturn the democrat’s election in House District 54A where a democrat won by 14 votes and there were 20 cast ballots accidentally destroyed.

    It is unlikely we will observe Gov. Walz and Lt. Gov. Flanagan seated in the same car (or in a plane, etc.)  for the next two years.  Could you imagine if there were a tragedy where both died?  Can you say Republican governor Demuth? :)

    • #22
Become a member to join the conversation. Or sign in if you're already a member.