ST. PAUL, Minn. — A controversy is brewing in Minnesota as Secretary of State Steve Simon and the House Democrats are calling on the state’s Supreme Court to step in during what has become a contentious beginning to the 2025 legislative session.
Late Tuesday, Simon, who is affiliated with the Democratic Party, filed a petition with the Minnesota Supreme Court aimed at affirming his position as the chamber’s presiding officer for the time being. He contends that the election held on the same day to appoint GOP leader Lisa Demuth as speaker is invalid. Simon’s legal team has stated that a minimum of 68 members must be present for the House to conduct any official business.
According to the arguments laid out by Simon’s attorneys, the House was unable to meet this constitutional quorum requirement on January 14, meaning Demuth’s election as speaker was not legitimate. They argue that the Secretary of State will continue to hold his role until a proper quorum and speaker is established.
On the first day of the session, House Democrats staged a boycott in order to prevent the Republicans from reaching the necessary quorum, thwarting their plans to capitalize on a slender one-vote majority. This strategy was aimed at blocking the GOP from displacing one Democratic member and promoting their legislative agenda.
In addition to Simon’s petition, House Democrats also approached the Supreme Court, asking it to stop Republicans from proceeding with any legislative activities until at least 68 members of the House are present. They also seek to have any business conducted during this period labeled as “null and void” due to lack of lawful authority.
Demuth criticized the lawsuits as an infringement on the constitutional separation of powers that exists between the legislative and executive branches. “Secretary Simon does not have any jurisdiction over House proceedings, as his responsibilities are fundamentally ceremonial,” she stated in a response.
At this point, it’s unclear when the Supreme Court will issue its ruling; as of early Wednesday morning, no oral arguments had been scheduled, and the Republicans had yet to submit their counterarguments.
House Republicans intend to hold a floor session at noon on Wednesday, despite the ongoing Democratic boycott for a second consecutive day. They assert that only 67 members are necessary for a quorum because one of the seats is currently unoccupied.
The recent elections have led to a stalemate in the House, with both parties holding 67 seats each. Leadership on both sides had been negotiating a power-sharing arrangement, assuming that the House would remain evenly divided. However, a recent court ruling concluded that a newly elected Democrat did not reside in his district, temporarily granting Republicans a 67-66 margin until a special election on January 28. Given the Democratic leanings of the district, many anticipate that this election will likely restore the tie.
Democrats are particularly concerned as Republican leaders have signaled their intent to withhold the seating of Democratic Rep. Brad Tabke from Shakopee. He won by a mere 14 votes in a previous election wherein local officials reported that 20 ballots were inadvertently discarded and not counted. Although a court affirmed Tabke’s victory, rejecting attempts by the GOP to schedule a special election in the competitive district, uncertainties remain.
Attempts to revive a power-sharing agreement broke down. During a press conference, House Democrat leader Melissa Hortman claimed that Demuth was unwilling to finalize negotiations ensuring Tabke could retain his seat, despite an offer that would have allowed Demuth to remain speaker for the entire session.
Minnesota law stipulates that the Secretary of State is responsible for calling the House to order at the beginning of each legislative session and will preside until a speaker is elected. However, when Simon initiated the proceedings, the Democratic members were absent from the chamber.
Following an attendance check, where only the 67 Republican members indicated their presence, Simon declared that the House was short of the needed quorum of 68 and adjourned the session. Nonetheless, the Republicans stayed and proceeded to elect Demuth as speaker—a development that Democrats have vehemently criticized as an unlawful maneuver devoid of any legitimate authority.
This situation marks the first instance of a boycott within the Minnesota Legislature, though similar tactics have been observed in other states.
In contrast to the House’s tumultuous start, the Minnesota Senate convened smoothly on the same day. The Senate is also currently split 33-33 while awaiting a special election on January 28 to fill the seat of a deceased senator, a result expected to restore the Democratic majority at 34-33. Senate leaders have quietly negotiated a power-sharing arrangement that will involve co-presiding officers from both political parties.
