ST. PAUL — Minnesota House Democrats filed a lawsuit Wednesday, Jan. 15, to the Minnesota Supreme Court against House Republicans, declaring they unlawfully proceeded with the legislative session without Democrats and a quorum on Tuesday.
Meanwhile, House Republicans conducted their second-floor session in the absence of Democrats on Wednesday.
ADVERTISEMENT
Secretary of State Steve Simon did not show up to preside over the House floor on Wednesday, a role that Minnesota law and Democrats say he should undertake until a quorum is found. A spokesperson with Simon's office said he was planning to preside over the floor on Wednesday but was told by Republicans he would not be allowed onto the House floor.
Instead, Lisa Demuth, R-Cold Spring, presided over the floor on Wednesday as speaker while Republicans elected a chief clerk among other ceremonial roles within the House.
As of Wednesday afternoon, Republicans elected chairs to all House committees on top of a speakership.
The legality of whether Republicans have a quorum and can conduct House business is still unclear as Republicans, Simon and Democrats expressed conflicting interpretations of the law. House Democrats are hoping the Minnesota Supreme Court will clarify the law.
The petition filed by House Democrats asks the Supreme Court to declare Republicans' actions on Tuesday as unlawful and rule that 68 members are needed for a quorum in the House.
“Republicans’ blatant disregard for the Minnesota Constitution and state law is a chilling attack on our democracy,” said Rep. Jamie Long, DFL-Minneapolis. “Democrats believe that what Republicans are doing is completely unlawful. We look forward to a court decision that invalidates their lawless behavior.”
After the House session Wednesday, Majority Leader Rep. Harry Niska, R-Ramsey, said his caucus “of course” would accept whatever the Minnesota Supreme Court decides pending the lawsuit and that they believe the court will side with Republicans.
ADVERTISEMENT
“We doubt that the Supreme Court will ratify Steve Simon’s effort to control the House,” he said. “We think that, just like the executive branch can’t stop the Legislature from functioning, we don’t think the courts are going to try to stop the Legislature from functioning, either.”
During Wednesday’s floor session, Republicans said they are “well aware” they need 68 votes to pass a bill on the House floor. Republicans also elected a sergeant at arms on Wednesday, who they said could theoretically “retrieve” Democrats who are boycotting if they instructed them to do so.
The Minnesota Constitution states that the House needs a quorum — a majority of its members — to conduct business. Republicans argued 67 is a quorum of the House’s members because a vacant seat in Roseville makes the total number of members 133. Democrats said a quorum is 68 members, given Minnesota law states a House is always technically
After Simon gaveled out on Tuesday, the Legislature’s opening day, declaring the House had no quorum of 68 members without Democrats present, Republicans voted to overturn his adjournment of the House floor session and elected Demuth as speaker of the House.
Democrats claimed all of the actions that followed Simon gaveling out were unlawful, while over the House is unlawful, saying the House oversees itself.
Until a special election on Jan. 28, when Democrats said they will return to the House, Republicans hold 67 seats and Democrats hold 66.
“Republicans’ sham session had no legal authority, and the actions they took on Jan. 14 have no legal effect. A 68-member quorum is required to conduct House business, and only 67 members were present,” said Rep. Melissa Hortman, DFL-Brooklyn Park. “Republicans are going to extreme and unprecedented lengths to seize power that the voters did not give them, and Democrats will fight their unlawful, unconstitutional actions every step of the way.”
ADVERTISEMENT

House Democrats said their unorthodox no-shows have been to deny a quorum to “block Republicans from using a two-week, one-vote edge to illegitimately seize control of the Minnesota House.” Republicans said Simon’s role is ceremonial and their continued legislative work is valid because they have a quorum.
“Secretary Simon has no authority as a member of the executive branch over proceedings in the House, and his role is strictly ceremonial in nature,” Demuth said in a Wednesday statement. “There is ample precedent in the Minnesota Supreme Court and from the framers of Minnesota’s constitution regarding quorum. We look forward to defending the House from this attack on our Constitutional separation of powers, and to ensuring the Minnesota House continues its important work on behalf of Minnesotans who elected us to show up and do our jobs.”
Gov. Tim Walz stood in solidarity with House Democrats on Tuesday, stopping his longtime tradition of handing out “bipartisan bars” on the first day of the session.
“As much as House Republicans may want to govern as a single party, the law is the law and the House is not in session,” Walz said in a statement Tuesday night. “House Republicans need to assure Minnesotans that they won’t overturn an election or take power voters didn’t give them. Once that common sense commitment is made, the important work that the House has in front of them can move forward.”
Simon said in a statement late Tuesday afternoon that he also intends to file a petition to the Supreme Court to “make clear to the public that these proceedings were not legally legitimate.”