On Monday, May 1, 2024, Minnesota Senate Republicans attempted to expel Sen. Nicole Mitchell (DFL-Woodbury) from the chamber. Their argument centered on Mitchell’s felony burglary charge, asserting that it prevented her from adequately representing her constituents and constituted conduct unbecoming of a senator.
Mitchell’s trial, initially scheduled for that same day, was successfully postponed until after the Legislature’s adjournment on May 19. Her legal team cited a 2007 appellate ruling advocating for the postponement of legal proceedings involving legislators until after legislative sessions to ensure continuous constituent representation. The arrest occurred last spring at her stepmother’s home in Detroit Lakes, where officers found Mitchell in the basement, dressed in black clothing and a hat, responding to a burglary call.
Sen. Jordan Rasmusson (R-Fergus Falls), who introduced the expulsion motion, stated that the action was necessary to restore the Senate’s integrity. He argued that the ethical standards expected of senators were clearly violated by Mitchell’s actions, irrespective of the trial’s outcome. Rasmusson further contended that allowing Mitchell to remain in office served to delay justice for the victim.
The Senate’s 33-33 partisan split, resulting from the recent death of Sen. Kari Dziedzic (DFL-Minneapolis), created a delicate power-sharing arrangement since the session’s commencement on January 14. A special election to fill Dziedzic’s seat was scheduled for Tuesday, with a Democrat expected to win in the predominantly Democratic district.
The Republicans’ expulsion attempt abruptly ended the bipartisan harmony that had characterized the session’s initial two weeks, marked by tributes to Dziedzic and a level of cooperation absent in the more contentious Minnesota House. Sen. Nick Frentz (DFL-North Mankato) challenged the expulsion motion, leading Senate President Bobby Joe Champion, after consultation with relevant parties as per the power-sharing agreement, to rule the motion out of order. A subsequent 33-33 tie vote, with Mitchell casting the deciding vote, upheld this ruling.
Following the failed motion, Rasmusson clarified to reporters that his timing was deliberate, coinciding with Mitchell’s scheduled trial, aiming to prevent the situation from derailing the Senate’s agenda.
The situation has also drawn criticism from prominent Democrats, including DFL Chair Ken Martin and Gov. Tim Walz, who have urged Mitchell’s resignation. While her Senate DFL colleagues have suspended her from caucus meetings and stripped her of committee assignments, Senate Majority Leader Erin Murphy (DFL-St. Paul) has emphasized Mitchell’s right to due process before any Senate expulsion proceedings.
According to the charging document, Mitchell acknowledged wrongdoing to police, stating, “I know I did something bad,” explaining her actions by referencing her father’s death and a breakdown in communication with her stepmother, claiming she was only trying to retrieve some of her father’s belongings.
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