ST. PAUL, Minn. — The Minnesota Secretary of State, Steve Simon, alongside House Democrats, has sought intervention from the state’s Supreme Court amid a contentious power struggle that has disrupted the commencement of the 2025 legislative session. As the deadlock prolonged into its second day on Wednesday, Simon submitted a petition to the court late Tuesday, asserting that he is currently the presiding officer in the Minnesota House. He is contesting the legitimacy of Tuesday’s election of GOP leader Lisa Demuth as speaker, arguing that a quorum of 68 members is necessary for the House to conduct any official business.
According to Simon’s legal team, the lack of this required quorum on January 14 means that Representative Demuth’s election as speaker is void, and the House cannot engage in any legislative actions. “Until a quorum is present and a speaker is accurately elected, the Secretary remains the House’s presiding officer, and his authority cannot be overridden,” the lawyers stated in their filing.
In a strategic move, House Democrats chose not to participate in the session’s opening, aiming to keep Republicans from achieving a quorum and utilizing their temporary one-vote majority to displace a Democrat and advance their legislative agenda. Democrats also submitted a petition to the Supreme Court, requesting it to prevent any Republican-led business until the quorum of at least 68 members is established, labeling actions taken during the standoff as “without lawful authority” and “null and void.”
Responding to the legal actions, Demuth described them as an infringement on the constitutional separation of powers that distinguishes the legislative and executive branches. “Secretary Simon holds no authority as a member of the executive branch over the House’s proceedings; his role is merely ceremonial,” Demuth stated in her remarks.
Republicans maintain that just 67 members are needed for a quorum due to one vacant seat following recent developments. The Minnesota Supreme Court has expedited the review of both challenges, combining them and scheduling oral arguments for January 23, with the House GOP’s formal response due Tuesday.
House GOP’s second-in-command, Harry Niska of Ramsey, assured reporters they would abide by the court’s ruling. “However, we believe that just as the executive branch cannot hinder the Legislature’s functioning, the courts will likely refrain from interrupting the Legislature’s operations,” Niska remarked.
A crucial focus for this legislative session is to enact a balanced budget covering the next two years before its effective date of July 1, which will necessitate collaboration between both parties. There is general consensus that passing legislation will require 68 votes under the rules adopted by the House. Democratic Governor Tim Walz is expected to unveil his budget proposal on Thursday.
On Wednesday, all Democratic seats were unoccupied when Republicans convened to perform routine tasks, including electing a chief clerk. The outcome of the November elections resulted in a 67-67 tie in the House, prompting leaders from both parties to negotiate a power-sharing agreement based on this equilibrium. However, a recent court ruling determined that a newly elected Democrat, Curtis Johnson, does not reside in his designated district. This ruling temporarily provided Republicans a 67-66 advantage until a special election occurs on January 28. Given that Johnson’s district, which includes Roseville, leans heavily Democratic, the upcoming election is anticipated to reset the House’s balance.
Democrats have expressed particular concern regarding Republican threats to withhold the seating of another Democrat, Rep. Brad Tabke from Shakopee, who won his race by a marginal 14 votes. A court has already recognized Tabke as the rightful winner, dismissing GOP efforts to initiate a special election in his competitive district. Attempts to revive a collaborative power-sharing framework failed, with the leading Democrat in the House, Melissa Hortman, stating that Demuth declined to assure Tabke’s position, even after Hortman proposed a compromise that would allow Demuth to serve as speaker for the duration of the session.
Additionally, lawyers representing the state GOP and an associated organization filed requests with the Supreme Court to nullify Governor Walz’s January 28 date set for the Roseville special election. They argue that the date established precedes what state law permits since the vacancy was not officially recognized until the Legislature’s assembly on Tuesday. Conversely, Assistant Attorney General Nathan Hartshorn affirmed that the seat became vacant on December 27 when Johnson lost his legal appeal and informed the governor that he would not contest the judicial decision. Hartshorn asserted that the governor’s actions to fill the vacancy were carried out lawfully and with expedience.
The justices acknowledged the interconnectedness of the disputes, assuring that a swift ruling would be forthcoming.
