Supreme Court sides with DFL and Simon, says 68 House members needed for floor action

The Minnesota Supreme Court sided with Democrats on Friday by saying that 68 members must be present to conduct business in the state House of Representatives. But it was unclear whether that would prompt the DFL to end a boycott or compel Republicans back into power-sharing discussions.

The unsigned order was the unanimous decision of the six justices who heard oral arguments on the dispute Thursday.

“Vacancies do not reduce the number required for a majority of each house to constitute a quorum. By statute, the total number of seats in the Minnesota House of Representatives is 134 seats,” the three-page order read.

The DFL said the court order nullified all actions taken by the 67-member Republican caucus since the session started Jan. 14 without the Democrats present.

The disagreement over quorum, the number of House members who must be present to conduct business, had been brewing since before the opening day of the Legislature. Initially after the November election, the DFL and GOP were evenly split with 67 members each in the House and they were negotiating a power-sharing agreement.

But in late December, a Ramsey County judge voided the election of DFLer Curtis Johnson, finding the candidate lived in Little Canada and not the Roseville and Shoreview district he sought to represent. With the newfound 67-66 advantage, the GOP ended power-sharing discussions and claimed a majority.

The Democrats then participated in their own secret swearing-in ceremony Jan. 13 at the state History Center and have stayed out of the Capitol ever since in an effort to deny Republicans the necessary quorum to conduct business.

On the session’s opening day, Secretary of State Steve Simon, fulfilling his required role as the presiding officer, arrived at the House, declared a lack of quorum with just 67 members present and adjourned the session. But Republicans convened in defiance of his opinion, elected Rep. Lisa Demuth, R-Cold Spring, as speaker, set up committees and went to work.

Simon and the Democrats then filed separate petitions with the court, asking for a determination of quorum. The Republicans opposed the request, saying the House must make its own determination, not the courts. Absent that, the GOP asked the court to rule that 67 members was enough to do all House business with the exception of enacting legislation.

DFLers praised the high court for ending the “Republicans’ illegitimate power grab.”

Leader Melissa Hortman, DFL-Brooklyn Park, said: “Now that it is clear Republicans must work with Democrats for the House to operate, I am hopeful we will be able to shortly negotiate an acceptable path forward.”

Without addressing the ramifications of the ruling, Demuth scolded the DFL.

“This decision drives home the fact that House Democrats are disrespecting not just their own constituents, but the entire state of Minnesota by refusing to do their jobs,” she said in a statement. “House Republicans will be showing up to work on Monday — it’s time for the Democrats’ walkout to end and for the Legislature to get on with its work.”

Both the DFL and the GOP agreed that 68 votes are needed in the House to pass bills, but Republicans contended they could organize committees and begin discussions on legislation even though they couldn’t pass anything.

Last week, the Supreme Court sided with Republicans in ruling that Gov. Tim Walz had called a special election for the seat too quickly. It had been set for Tuesday. Now it won’t be filled until a special election no sooner than March. That election, whenever it occurs, is all but assured to return the DFL to a 67-67 tie with the GOP.

Also at issue is the election of state Rep. Brad Tabke, DFL-Shakopee. His 14-vote victory over a Republican challenger was upheld in a separate District Court order. Republicans, however, have not committed to allowing him to be seated despite the court ruling.

Hortman said Tabke’s seat is critical to the negotiations.

“Democrats have asked for something very simple from Republicans, and that is to honor the will of the voters statewide, including in Shakopee,” Hortman said. “Democrats have been focused on work within our legislative districts but hope to be working collaboratively with Republicans soon in St. Paul as well.”

Simon issued a written statement thanking the court for its prompt ruling and clarity.

“This was a closely contested legal issue, and for the first time in state history we now have a final answer on what constitutes a legislative quorum,” he said. “I look forward to re-convening the House of Representatives — and to working with an organized Legislature to advance the interests of all Minnesotans.”

Justice Karl Procaccini recused himself from the case without explanation, as is court custom.

Briana Bierschbach and Ryan Faircloth of the Minnesota Star Tribune contributed to this story.