ST. PAUL, Min. – Lawmakers return to the capital on Tuesday for the first day of the legislative session.
Or will they?
Looming special elections and a partisan fight over who can and should control the statehouse, could prevent Democrats from showing up in that chamber.
There is also an open lawsuit over a Shakopee seat expected at the start of the session, this could add yet another twist to what is already shaping up to be a chaotic and unprecedented first few weeks of the Legislature.
This is what’s going on in St. Paul.
Why is there a power struggle in the House of Representatives?
After the November election, the State House was headed for a tie and the DFL retained its one-seat majority in the Senate. (That chamber was not on the ballot because they serve four-year terms, with the exception of one special election to fill the seat left vacant when U.S. Rep. Kelly Morrision ran for Congress.)
GOP and DFL leaders worked through a power-sharing agreement due to the 67-67 member split. a situation that has not occurred since 1979. But those discussions came to a halt when a judge ordered that a DFL winner of a Roseville-area seat be ineligible for office because he did not live in the district to which he was elected, as required by law.
That gave Republicans a one-seat advantage of 67 to 66, at least until a special election took place to fill the vacancy. Republican Speaker-designate of the House of Representatives Lisa Demuth and her caucus declared that there was no longer a need for a power-sharing agreement. Demuth and DFL House Speaker candidate Melissa Hortman had previously endorsed equal representation on committees and were in the process of finalizing a deal on who would chair as speaker.
But Republicans said the one-seat lead gave them an organizational majority to choose a chairman and oversight committees, although 68 votes are needed to get the legislation off the ground.
Democrats fear they will vote with such power to remove DFL Rep.-elect Brad Tabke from the House. regardless of how a judge rules in an election contest challenging the outcome.
That’s why they say they will boycott the first day of the legislative session if there is no power-sharing agreement, to deny Republicans a quorum, or the minimum number of lawmakers needed to conduct chamber business.
“That is an abuse of power that we would be willing to take extreme steps to block. And I think it’s that abuse of power that puts us in this situation where we even have to take that into account, and there are a lot of tools on the table.” Hortman said in an interview with WCCO this week. “We could show up and filibuster. We could talk for three weeks. So if you think about denying the quorum, you could think of that as a kind of silent filibuster.”
Both parties disagree on the definition of a quorum, with Republicans saying 67 is the threshold because of the vacancy. Democrats say 68 is the magic number because the Minnesota Constitution says, “A majority of each house shall constitute a quorum to transact business” and there are 134 seats in the House.
“We can do our job effectively if we show up and actually get to work,” Demuth said in an interview. “I understand Democrats are upset that they lost a seat because of a candidate who lied. I understand the frustration. If it were reversed, I would be frustrated too. I would also acknowledge the common sense math that 66 is less than 67 and Republicans have 67 members.”
Regardless of the end of this power struggle, it is clear that there will be another divided government after two years of a DFL trifecta: control of the House of Representatives, the Senate and the governor’s office.
What happens if the Democrats don’t show up?
Minnesota law requires the secretary of state to call the House into session on the first day of its session until a speaker is elected. DFL Secretary of State Steve Simon said in a letter to leaders on Friday that his conclusion is that 68 members are needed for a quorum.
Based on his analysis, the first day will end before it begins if there is no quorum.
“If 68 members are not present, I have no authority to take further action and will adjourn,” Simon said in a statement to reporters. “My legal conclusion is based solely on a careful review of the state constitution and laws – and not on any political considerations.”
Meanwhile, Republicans in the House of Representatives are threatening to recall elections for members who don’t show up.
When are the special elections scheduled?
Two special elections are taking place: one for House District 40B, the Roseville-area seat at the center of the lawsuit in which a judge ruled that DFL winner Curtis Johnson did not meet residency requirements; and another for Senate District 60, which has been left vacant by the death of DFL Sen. Kari Dziedzic, who died after a battle with cancer.
There is a primary election for the Senate seat on January 14, the first day of the session; no primary is needed for House District 40B. The special elections are scheduled two weeks later, on January 28.
Both districts heavily favor Democrats.
Due to the temporary vacancy in the Senate, the House starts with a draw. Both party leaders say they are working on a deal to ensure the Senate functions orderly on its first day.
When will we get a ruling from the court in the other election battle?
Incumbent Democrat Brad Tabke defeated Republican challenger Aaron Paul by 14 votes in House District 54A. But Paul and the House Republican campaign filed an election contest seeking new elections because probably twenty ballots were thrown into the trash in one districtH.
Judge Tracy Perzel, who presided two-day trial in the race for House District 54A, said she would make a ruling on the first day of the hearing.
What about DFL Senator Nicole Mitchell, who is accused of burglary?
Mitchell does accused of breaking into her estranged stepmother’s home last spring to steal sentimental items that belonged to her deceased father. She has pleaded not guilty to first-degree burglary.
Her trial is scheduled for the last week of January. but in a motion filed with the court on Friday, Attorneys representing the Woodbury Democrat are asking for a delay until after the hearing is over in May.
They cite a state law that says “no proceeding shall be tried or heard during any session of the Legislature” involving a member of the Legislature.
A judge has not yet responded to the request.
All these dynamics aside, what are Democrats’ and Republicans’ priorities for this session?
The big task for the state legislature is to pass the next two-year state budget before the session ends, to keep the government and its services open and running. Gone are the huge budget surpluses and now the legislature takes into account a potential deficit of $5 billion in the coming years, that will influence their decision-making.
WCCO interviewed all leaders prior to the first day of sessions.
Demuth, who leads Republicans in the House of Representatives, said her group wants to make energy more affordable by lifting the moratorium on nuclear energy production; cracking down on fraud in public programs; and freeing up education dollars tied to certain policy requirements so districts can use the funding as they choose.
“You’re not going to see tax increases. We’re not going to make Minnesota more expensive for people to live here,” she said.
Senate Minority Leader Mark Johnson, R-East Grand Forks, agreed with Demuth that making the cost of living more affordable for Minnesotans is a top priority. He convicted TThe DFL-led legislature increased spending by 40% in the last budget and the tax increases they passed.
“Whether it’s property taxes, income taxes, all kinds of business taxes, we have an overstated state government,” Johnson said. “How can we meet the needs of families before we meet the needs of government?”
House Democrats want to continue working to make child care, housing and health care more affordable, said DFL House Speaker candidate Melissa Hortman. She doesn’t expect any sweeping policies, but will instead focus on standing programs from the past two years — from legal recreational cannabis to paid leave.
“There were a lot of bold changes, but the state government can only absorb so much change so quickly. So really, now it’s about implementation,” she said.
Senate Majority Leader Erin Murphy, DFL-St. Paul believes that despite all the bitter partisan fighting, both parties can still find common ground on issues important to Minnesotans.
“There is, I think, bipartisan support on making sure that our hospitals are properly funded. There is bipartisan support on emergency medical care, on improving mental health care, on making sure that our children receive a good education in our public schools,” Murphy said. said.
Caroline Cummings
