Bipartisan Harmony Crumbles in Minnesota House
Hopes for a collaborative legislative session in Minnesota have quickly dissolved. The near-even split in the House – 67 Democrats and 67 Republicans – has created a volatile political landscape, threatening to derail the session before it even begins.
House Democrats are considering a dramatic tactic: boycotting the first two weeks of the session to prevent a quorum. This strategy, confirmed by two DFL legislative sources and lobbyists who have spoken with members, aims to block Republicans from using their temporary one-seat majority to elect a Republican Speaker. The move would undoubtedly garner significant national media attention and potentially ignite a political and legal battle.
The Republicans’ temporary advantage stems from the resignation of DFL Rep.-elect Curtis Johnson, whose residency was deemed ineligible by a district judge. Governor Tim Walz has scheduled a special election for January 28th to fill the vacancy in the heavily Democratic District 40B. While Democrats are confident of retaining the seat, until then, Republicans hold a slim majority. Adding to the complexity, Republicans have already sued Governor Walz, arguing the special election must occur at least 22 days after the legislative session commences on January 14th.
This one-seat advantage allows Republicans to elect their leader, Rep. Lisa Demuth, as Speaker, even though they lack the 68 votes needed to pass legislation. Democrats, however, cannot remove her even after the special election restores the 67-67 balance, assuming Republican caucus unity.
The Democrats’ contemplated quorum-busting maneuver hinges on Article 3, Section 13 of the Minnesota Constitution, requiring 68 members for a quorum. While this action would halt legislative business, it carries risks. First-term Democrats may face backlash from constituents for their absence. Furthermore, the Constitution allows the remaining members to compel the attendance of absent representatives, potentially through penalties. Republicans also suggest that absent Democrats could face recall petitions for nonfeasance – the intentional failure to perform required duties.
Adding further fuel to the fire, Republicans disagree with the Democrats’ interpretation of the quorum rule. Rep. Harry Niska, R-Ramsey, argued on X that the constitution doesn’t specify 68 as the quorum, suggesting a quorum exists with 67 members out of a possible 133. Democrats are also considering a de facto filibuster, delaying a speakership vote until the special election.
Beyond the speakership, the current situation allows Republicans to claim all committee chairmanships, a departure from the power-sharing agreement negotiated between Rep. Hortman and Rep. Demuth.
The situation is further complicated by the contested election of Rep.-elect Brad Tabke, who won by a narrow margin of 14 votes. Republicans have challenged the results due to 20 discarded ballots, with a judge’s ruling imminent. Even if Tabke is seated, the Minnesota Constitution allows the House to judge election returns. Republicans could use their temporary majority to refuse to seat Tabke, further entrenching their advantage and potentially pressuring Governor Walz to call another special election.
The use of quorum-busting tactics reflects a broader trend in increasingly polarized American politics. Similar strategies have been employed in Texas and Oregon, with varying degrees of success. Even Abraham Lincoln, in his early political career, attempted (unsuccessfully) to prevent a quorum.
The coming weeks will be critical in determining the direction of the Minnesota legislative session, with the potential for protracted legal battles and significant political fallout. The outcome will hinge on strategic maneuvering, legal interpretations, and the ultimate decisions of the involved parties.