Minnesota House Democrats sworn into office early as they prepare to boycott start of session

Minnesota House Democrats were sworn into office Sunday evening in a private ceremony at the Minnesota History Center, a “covert” move that Republicans criticized as illegitimate and another stain on the start of the 2025 session.

Senate Democrats and Republicans announced over the weekend that they had worked out a power-sharing agreement for that chamber, but House leaders parried back and forth all day Monday through the media without negotiating directly with each other.

At a Capitol news conference, DFL leader Melissa Hortman lamented that the Senate worked things out while the House had not.

“We know that a tie is likely coming in two weeks and yet, this morning, we heard from [House GOP leader] Lisa Demuth that she said that won’t matter; she’s going to be speaker for two years and exercise power as if they were in charge for two years,” said Hortman, DFL-Brooklyn Park.

Hortman also raised the prospect of violence, claiming that Republicans planned to “bum-rush” the rostrum when Secretary of State Steve Simon steps up Tuesday to begin the session. Demuth adamantly denied that claim, but it showed the increasingly hostile rhetoric being exchanged.

Sunday’s secretive swearing-in was the latest turn in the wild runup to the legislative session, which House Democrats are promising to boycott for several weeks unless there’s a power-sharing agreement with Republicans.

Hortman said the ceremony was held early to ensure DFLers would be properly sworn in if they stay away from the Capitol on Tuesday, the first day of legislative business when members typically take the oath, to be administered by state Court of Appeals Chief Judge Jennifer Frisch.

Demuth countered that the Sunday ceremony amounted to “a slap in the face to the institution and to every voter who expects their elected officials to act in good faith and uphold the integrity of the legislative process.”

In November, the Democrats lost three seats in the state House, leaving the chamber tied 67-67. But Republicans won a court challenge to the residency of a Democrat who won a Roseville-area seat. He stepped aside and a special election is set for Jan. 28. Until then, the GOP holds a 67-66 advantage.

Until late December, House DFLers and Republicans had been negotiating a power-sharing agreement. Republicans jumped on their numerical advantage after the court ruling with plans to elect Demuth speaker and run the chamber. Democrats countered that they wouldn’t show up until after the special election so they could deny Republicans the 68-vote quorum they say is needed for any House action.

Simon, who presides over the House on opening day, has said he agrees that 68 is the required quorum and that he will adjourn the body without it.

Republicans countered in a letter that 67 members constitute a quorum and urged Simon in a letter to reverse a “deeply flawed and dangerous course of action.”

On Sunday at the Minnesota History Center, most Democratic House members were sworn in by retired Hennepin County Judge Kevin Burke. Hortman said there’s some precedent for holding the ceremony outside the Capitol on a day other than the first day of the session, though not for an entire caucus.

One of the members sworn in was DFL Rep. Brad Tabke, whose 14-vote victory in a Shakopee House seat is being challenged in court by Republicans over questions about 20 missing absentee ballots in one precinct.

Republican candidate Aaron Paul wants the court to declare a vacancy in the seat, requiring a do-over special election. Dakota County Judge Tracy Perzel has had the case under consideration for weeks but has yet to rule.

Paul’s lawyer, R. Reid LeBeau II, called Tabke’s swearing in “a direct attack on this court and its authority to decide the current action.” LeBeau urged the judge to hold Tabke in contempt.

Tabke’s lawyer, David Zoll, filed a written response, saying the court’s authority on the issue is merely advisory and that it was appropriate for the DFLer to take the oath and be seated. Zoll’s letter pointed out that former Republican state Rep. Robert Pavlak served four months in the House before he was removed in May 1979 after a state Supreme Court ruling. He was unseated on a 67-66 vote.

Republicans have started a pressure campaign against Democrats, running ads in swing districts and promising to seek recalls against anyone who doesn’t show up at the start of session.

At another Capitol news conference Monday, Republican Party Chair Alex Plechash and lawyer Ryan Wilson say they need to initially collect 25 signatures for each petition to submit to the state Supreme Court. If the court determines the grounds are valid, then it will turn over the petitions to a special master for review.

“We are committed to holding every legislator responsible,” Plechash said. “If you don’t show up for the job, you shouldn’t keep it.”

If the DFLers don’t show, Wilson said they will seek to recall the legislators for “nonfeasance.”

The process wouldn’t be swift.

If the Supreme Court determines the petitions can go forward, they’d be turned over to a special master for review expected to take no more than 50 days. If the special master and the court greenlight the petitions, Republicans will have 90 days to collect additional signatures to continue, Wilson said.

The petitioners would have to obtain the signatures of 25% of the number of voters in the most recent general election in each district. Wilson said that’s about 6,000 signatures per district.

The Republicans say they will pursue the petitions even if the DFLers show up for work later.

Meanwhile, the Minnesota Senate struck a power-sharing agreement Sunday. The chamber is tied 33-33 following the death of DFL Sen. Kari Dziedzic. A special election to replace Dziedzic in her Minneapolis seat, a DFL stronghold, is also set for Jan. 28.

Until Democrats have 34 votes again, they’ve agreed to split control with Republicans, holding equal power on committees and sharing control of the Senate floor.

“The temporary 33-33 tie in the Senate posed unique challenges for the body and required a unique solution,” said DFL Senate Leader Erin Murphy.

“Under these terms, we can begin the work of 2025, avoid gridlock, and uphold the best of this institution.”

Senate GOP Leader Mark Johnson said the agreement is an “opportunity to build trust and respect as we navigate these circumstances.”