Minnesota House GOP sue to force Democrats back to the chamber

The legal challenge accuses Secretary of State Steve Simon of unlawfully blocking GOP motions in the chamber.

The Minnesota Star Tribune
January 30, 2025 at 11:52PM
Secretary of State Steve Simon has returned to the chamber each day to gavel the House in, adjourning when a quorum of 68 members were not present. (Renée Jones Schneider/The Minnesota Star Tribune)

Minnesota House Republicans sued Secretary of State Steve Simon on Thursday in an attempt to force Democratic members back into the chamber, the latest legal challenge in a weekslong political standoff between the two parties.

The petition, filed with the state Supreme Court, argues that Simon violates the separation of powers each time he adjourns the House “unilaterally” while not allowing individual members to make motions.

Republicans have brought motions to compel absent Democrats to return to the chamber.

“He’s left us no option other than to ask the Minnesota Supreme Court to again intervene in his interference in our legislative branch activities,” Rep. Harry Niska, R-Ramsey, said Thursday.

Niska said Republicans want to fine DFL members for not showing up.

House Democrats have boycotted the 2025 legislative session for weeks to prevent Republicans from taking control of the chamber.

After the November election, the DFL and GOP were evenly split at 67 members each and in the process of negotiating a power-sharing agreement for the next two years. But in late December, a Ramsey County judge voided the election of DFLer Curtis Johnson after ruling that the candidate didn’t live in his Roseville-area district and could not take the oath of office.

With a 67-66 edge in the chamber — pending a special election to fill the Roseville seat — Republicans backed away from power-sharing talks and attempted to elect a speaker and organize committees without Democrats.

The Supreme Court last week sided with Democrats on the issue of quorum, the number of House members who must be present to conduct business. The court said 68 of 134 members were needed.

The Secretary of State serves as the House’s presiding officer on the first day of the legislative session until the chamber is organized.

Since the Supreme Court ruling, Simon has returned to the chamber each day to gavel the House in session, then adjourning it when a quorum of 68 members is not present.

Simon’s office said it generally does not comment on pending litigation. It said his position has not changed since early January, when he told both parties the only action that can be taken without a quorum is adjournment.

“This conclusion is based on the analysis outlined in the letters, as well as consultation with counsel and nonpartisan staff,” according to his office.

Simon also successfully petitioned the Supreme Court over his quorum ruling.

But House Republicans said there’s no way to end the impasse without their ability to force Democrats to return to the chamber through motions.

“Simon is extending our constitutional crisis by ensuring that there is no way for House Members to exercise their constitutional authority to compel the attendance of absent legislators,” the GOP’s petition reads.

“Simon, an executive branch official, utterly lacks legal authority to take over the Minnesota House of Representatives in this way.”

Power-sharing talks have stalled again between the two parties. House DFL Leader Melissa Hortman said in a statement that House Republican Leader Lisa Demuth “refused” to meet with her on Thursday.

“The voters delivered a Minnesota House of Representatives where neither party has a majority,” Hortman said. “The only way the Minnesota House will function is if we work together.”

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Briana Bierschbach

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Briana Bierschbach is a politics and government reporter for the Star Tribune.

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