The 2025 Minnesota legislative battle shifted to the state Supreme Court on Wednesday.

Minnesota House Democrats and Secretary of State Steve Simon separately asked the court to nullify the Republicans’ actions on the first day of session Tuesday when the GOP convened and elected a speaker without the DFLers present. The move aims to return the House to a bipartisan power sharing agreement.

“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,” House DFL Leader Melissa Hortman said in a statement.

At issue is what constitutes a House quorum, the number of voting members who must be present to do business. Democrats say 68 members of the 134-member body must be present and that there’s no precedent for a lower quorum.

Republicans counter that their 67-66 edge in the House provides authority to elect a speaker, set committees and run the chamber for the next two years. The House currently has one open seat in a Roseville-area district that will likely go to a DFLer in a special election set for Jan. 28.

House Republicans met for a second day Wednesday without the DFLers, voting to select a chief clerk and sergeant-at-arms. They also conducted committee meetings without Democrats.

Both sides dug in Wednesday although the GOP acknowledged that the Minnesota law requires 68 members to pass bills so it can’t make new laws with only 67 members.

Democrats said they will continue to boycott the House chamber to prevent Republicans from getting to a quorum of 68 members. GOP leaders also raised the prospect of using the sergeant-at-arms to search for the missing DFLers.

The GOP’s position is that 67 members constitutes a quorum for organizing purposes because the chamber currently has 133 members. The caucus chose Rep. Lisa Demuth, R-Cold Spring, as speaker.

Demuth and Rep. Harry Niska, R-Ramsey, said the GOP is defending the House from an attack on the constitutionally required separation of powers. “Just like the executive branch can’t stop the Legislature from functioning, we don’t think the courts are going to try and stop the Legislature from functioning either,” Niska said.

The House DFL petition said all of the Republican floor actions should be voided because they were “in blatant disregard of the Minnesota Constitution.”

Simon, a Democrat and a lawyer who was required to serve as the presiding officer over the House in the opening moments, said the threshold for a quorum is 68 and then immediately adjourned the session.

“Because the House has not yet had a quorum, the secretary remains the House’s presiding officer and Representative Demuth does not currently have authority to serve as speaker,” Simon’s Supreme Court petition read.

Demuth countered that Simon’s opening-day participation was ceremonial only and he lacked authority over House proceedings.

After Simon left the rostrum Tuesday, Republicans picked Rep. Paul Anderson, R-Starbuck, to preside over the chamber. The Secretary of State’s petition said state law permits the House’s “oldest present member” to preside in his absence, but Simon was still physically present in the House after he adjourned the chamber. Simon sat near the rostrum on the House floor until Republicans concluded their business.

Niska said it was the Democrats who violated the law by not showing up on the first day and Simon who overstepped his authority. “We’re confident the Minnesota Supreme Court is not going to get involved in the way that the House chooses to organize itself. The right way to do that is for members to show up here and have those discussions,” Niska said.

Meanwhile, the Minnesota Supreme Court heard oral arguments Wednesday from the state Republican Party and is weighing whether Gov. Tim Walz prematurely called a special election to fill the open Roseville-area House seat.

The GOP is seeking to delay the special election, which would prolong the party’s one-seat advantage in the House. A delay could further extend the House DFL’s boycott; Hortman has said House Democrats would return to the Capitol on Feb. 3, after the special election presumably returns the chamber to a tie.

“We will make our decision as soon as we can,” Chief Justice Natalie Hudson told the attorneys in court, including state GOP lawyer Ryan Wilson and James Dickey, who represents the conservative Minnesota Voters Alliance. The justices vigorously questioned lawyers for both sides, including assistant attorney general Nathan Hartshorn, who argued in defense of the governor’s decision.

Last month, Ramsey County Judge Leonardo Castro invalidated DFLer Curtis Johnson’s election to the Roseville seat, saying the candidate didn’t live in the district he sought to represent. Johnson owns a home outside the district in Little Canada, but rented an apartment in Roseville during the campaign.

Johnson resigned the seat on Dec. 27, and that same day, Walz issued a writ setting a special election for Jan. 28. The window for candidates to file to run for the seat closed at 5 p.m. on Dec. 31.

The GOP and the Voters Alliance filed the court challenge, arguing, in part, that Johnson couldn’t resign a seat that he didn’t legally hold, and that the election shouldn’t have been called until the Legislature convened Tuesday and a vacancy was declared.

Wilson said Johnson’s decision “stretches the meaning of resign” given that he was ineligible and had yet to take the seat. Johnson won handily by 30 percentage points.

Justice Gordon Moore told Wilson that he’s asking for a “very broad remedy” given that the election is “well under way” and voters have been able to cast ballots for several days. “Shouldn’t we be concerned about voter confusion?” Moore asked.

Wilson responded that, “In the end, an unlawful election is an unlawful election,” and that ultimately the residents of the district were deprived of a full slate of potential candidates.

Hudson alluded to the other petitions filed Wednesday. “Obviously you’re aware there might be challenges to whether or not the House had the authority to do anything, how does that fit in?” she asked.

Wilson said the writ for a special election should have been issued by Walz after the House legally convened, not 18 days beforehand.

The Republican who successfully challenged Johnson’s residency, Paul Wikstrom, is running again. The DFL candidate is David Gottfried.

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