After Simon left the podium Tuesday, Republicans chose Rep. Paul Anderson, R-Starbuck, to preside over the chamber. The secretary of state’s petition says state law allows the “senior current member” of the House to preside in his absence, but Simon was still physically present in the House after the chamber adjourned. Simon sat near the House gallery until the Republicans finished their business.
Niska said it was Democrats who violated the law by not showing up on the first day and Simon who overstepped his authority. “We are confident that the Minnesota Supreme Court will not interfere with how the House chooses to organize itself. The right way to do that is for members to show up here and have these discussions,” Niska said.
Meanwhile, the Minnesota Supreme Court on Wednesday heard oral arguments from the state Republican Party questioning whether Gov. Tim Walz prematurely called a special election to fill the open Roseville-area House seat .
The GOP is seeking to delay the special election, which would extend the party’s one-seat advantage in the House. Delay Could Further Prolong House DFL Boycott; Hortman said House Democrats will return to the Capitol on Feb. 3, after the special election likely brings the chamber back to a tie.
“We will make our decision as soon as possible,” Chief Justice Natalie Hudson told lawyers in court, including Republican Party lawyer Ryan Wilson and James Dickey, who represents the conservative Minnesota Voters Alliance. The justices vigorously questioned attorneys for both sides, including Assistant Attorney General Nathan Hartshorn, who defended the governor’s decision.
Last month, Ramsey County Judge Leonardo Castro invalidated DFLer Curtis Johnson’s election to the Roseville seat, saying the candidate did not live in the district he sought to represent. Johnson owns a home outside the Little Canada district, but rented an apartment in Roseville while campaigning.
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