ST. PAUL 鈥� Senate Republicans failed Monday morning to push a floor motion to expel Sen. Nicole Mitchell, DFL-Woodbury, who was charged with first-degree burglary in April.
Sen. Jordan Rasmussen, R-Fergus Falls, introduced the motion to expel Mitchell around 11:15 a.m. on Monday, Jan. 27. Senate leadership negotiated the matter until about 2 p.m., when Sen. Nick Frentz, DFL North Mankato, introduced a new motion. Frentz moved that the Senate vote on whether the chamber should vote on Mitchell's expulsion at all, saying that she has not yet had her day in court.
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Mitchell faces a first-degree felony burglary charge from April of 2024 for allegedly breaking into her stepmother's home in Detroit Lakes. Mitchell said she was retrieving items belonging to her late father, who died in 2022. Mitchell pleaded not guilty to the charge in August and has stated she has no plans to resign.
A hearing on Mitchell鈥檚 trial was supposed to take place on Monday, Jan. 27 but a judge recently approved moving her trial in May so she could focus on her duties as Senator. The trial has been pushed almost a year from its original date of June 2024 to its new date of May 19.
The Senate tied 33-33 on whether to vote on Rasmussen's motion to expel Mitchell. As motions die in the case of a tie, the 33-33 vote on whether to hear the Republican motion ultimately blocked the Senate from expelling Mitchell on Monday.
鈥淲e don't need the results of a criminal trial to know Senator Mitchell's conduct fails to meet the standards of ethical behavior that we expect from senators,鈥� said Sen. Rasmussen. 鈥淲e shouldn't be complicit in delaying justice for the victim of a crime by allowing Senator Mitchell to use her membership in this body to shield herself from criminal consequences.鈥�
A few Democrats, including Gov. Tim Walz and DFL Chair Ken Martin, following the end of the 2024 session.
鈥淎n important point to make is a number of Democrat Senators have called on Senator Mitchell to resign 鈥ov. Walz has called on Senator Mitchell to resign. Ken Martin, the chair of the state DFL party, has called on her to resign, but when it actually mattered, here on the floor today, we saw Senate Democrats vote lockstep in their party to keep Senator Mitchell from facing accountability for her actions,鈥� said Sen. Mark Johnson, R-East Grand Forks.
Republicans spent over six hours on the floor during the 2024 session discussing Mitchell鈥檚 case, according to Senate DFL records, causing gridlock in legislative business.
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鈥淪enator Mitchell has been accused and not yet convicted,鈥� said Sen. Erin Murphy, DFL-St. Paul. 鈥淪he has due process rights, and the people who live in the district she represents are entitled to her representation. Her court case is not a matter for the Senate. What is a matter for the Senate is balancing the budget and getting policy passed that will improve the lives of people of Minnesota.鈥�
The Senate has been mostly without drama this session, to the deadlock in the House. A on Tuesday, Jan. 28, will decide a majority in the Senate.
This story has been updated to reflect that Sen. Mitchell has been charged but not convicted.
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