On Tuesday, DFLers made good on their threat to keep the Minnesota House in limbo, boycotting the opening of the session as the parties fight for control of the chamber. House Republicans responded by moving forward in a half-empty chamber and electing their leader as the new Speaker of the House.
It’s unclear exactly what comes next, but it will all likely head to the courts.
House Democrats were not present when the Legislature met at noon. Republicans have pledged to move forward with the session, but the question of whether they have the legal ability to do so has not been fully resolved.
Cameras filmed the House chamber — and the empty side of the DFL — just after noon, as roll call began. The employee paused after calling out the LDF names and got no response. The Republicans all vigorously registered themselves as “present” when their roll call names came up.
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GOP members then took the oath of office. Court of Appeals Chief Justice Jennifer Frisch administered the Republican oath of office, and a round of warm applause followed.
“Congratulations to all members,” DFL Secretary of State Steve Simon told the half-filled room.
The good feelings then began to crumble.
When an electronic roll-call vote, where green dots appeared on the voting board next to the names of those present, showed only 67 Republicans, Simon said there was no quorum, which which means that the House could not conduct its business.
GOP Rep. Harry Niska rose to object — but Simon quickly adjourned the session for the day.
Republicans challenged Simon’s authority as arbiter on this issue. After a brief pause, Niska, R-Ramsey, rose to overturn Simon’s decision. Rep. Paul Anderson, the oldest member of the House GOP, was in the speaker’s chair as state law advises on organizing matters.
Anderson, R-Starbuck, ruled that a quorum was present. Republicans in the House got to work.
Republican members then unanimously chose their leader, Rep. Lisa Demuth, R-Cold Spring, as House speaker.
“Minnesotans are counting on us today, not for partisan victories or political theater, but for real results that improve their daily lives,” Demuth told the chamber after the vote.
“No other recourse”
DFL leaders had signaled earlier in the day that they intended to follow through on the boycott threat.
In a mid-morning statement, Democratic leader Melissa Hortman said the DFL would not appear at the Capitol on Tuesday, which could deny the chamber a quorum and prevent it from conducting its business.
Hortman cited the GOP response to news of a judge finding that state Rep. Brad Tabke, a DFL Minnesota House incumbent who narrowly won re-election, should be able to start a new term. GOP House Leader Lisa Demuth criticized the decision and said her caucus would evaluate it and consider options.
Hortman, in his statement, said the DFL had no choice but to prevent the House from conducting its business.
“Given this morning’s Republican statements indicating their intent to ignore the election results and the court’s decision, Democrats have no recourse to protect the will of the voters other than to deny quorum until “The special election in (House District) 40B is completed and a new member is sworn in,” Hortman wrote.
District 40B is a crucial seat that opened up after November’s winner, a DFLer, was disqualified for failing to establish suitable residency in time to serve the Roseville-Shoreview district. It must be met in a special election on Jan. 28 — that timeline is also part of an ongoing court battle — and will determine whether Republicans gain a real advantage or whether the chamber is tied at 67-67.
Hortman’s remarks indicate the impasse at the start of the Legislature’s five-month term will continue.
House Democrats have threatened an indefinite boycott if Republicans push to take key leadership positions with a temporary one-vote advantage that they could hold for the year and perhaps beyond.
There is no doubt that the House has a lot of work to do this session.
Lawmakers must pass a two-year budget by July 1 or the state could face a government shutdown. They could also pass a public construction funding bill, as they failed to get it across the finish line last year.
They could also evaluate a variety of policy bills and possible changes to Minnesota’s burgeoning legal cannabis market and the paid family and medical leave program expected to go live next year.
Lawmakers are scheduled to adjourn the legislative session on May 19, but they could be called for a special session if they can’t finish their work on time.
And the Senate?
Senate leaders announced Sunday that they had reached an agreement to share power, at least early in the session. Republicans and Democrats will share custody of the chair and committee chair positions, with the exact rotation of the gavels still to be determined. They will have fairly distributed representation on committees.
As part of the deal, senators on Tuesday named Sen. Bobby Joe Champion, DFL-Minneapolis, and Sen. Jeremy Miller, R-Winona, Senate co-chairs. The couple embraced in a hug after their selection.
Perhaps another sign of unity could be seen on the desk of Sen. Kari Dziedzic, the Minneapolis DFLer who died in December, less than two years after being diagnosed with ovarian cancer. A single red rose stood in a vase on the desk,
At the start of the session, the Republicans and Democrats will be split evenly, at 33-33, with no tiebreaker. A special election for a Minneapolis-area seat will break the tie at the end of the month. And the power-sharing agreement could be canceled once a caucus gains a 34th member.
But top lawmakers said procedural rules adopted at the start of the session would remain in effect for the rest of the year.
Citizens and activists gathered at the Minnesota State Capitol for opening day Tuesday said they hope lawmakers can move beyond partisan politics and solve problems.
Among them is Susie Kaufman, a state leader for Moms Demand Action, which advocates for stricter gun laws.
“I don’t know how you can read one more story about a child having access to a gun that should have been safely secured, and then dying because he had access to that gun,” he said. -she declared. “So I’m asking these legislators just need to be human and think about how they can save a life and maybe do something during this session.”
Kaufman would not comment on lawmakers’ battle for control of the Legislature, but said she hoped some legislation would be passed this year.
MPR News reporter Kirsti Marohn contributed to this report.