Lame duck trifecta action via a special legislative session? Minnesota DFL leaders signal there’s no such plan

Did someone say special session?

Apparently yes, someone did.

The American Civil Liberties Union (ACLU) of Minnesota is urging Gov. Tim Walz to convene a special session so that DFL legislators could take one last advantage of the governor trifecta it won in 2022 but lost this month.

The organization said in a statement that the session is needed “to construct a firewall to protect Minnesotans’ freedom against actions President-elect Trump’s administration is expected to pursue” when he takes office. The term the campaign uses to describe the potential agenda that includes passing new protections for LGBTQ people and immigrants is “The Firewall for Freedom.”

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So far, DFL leaders haven’t embraced the calls, but they haven’t outright rejected them either.

In a terse response to questions about the possibility of bringing lawmakers together before the 2025 regulator session,  Walz communications director Claire Lancaster said: “The governor has no plans to call a special session.”

House Speaker Melissa Hortman of Brooklyn Park, who will only be CO-speaker come Jan. 14 because of a House tie, demurred.

“Lots of people are saying lots of things about special sessions and I haven’t had a chance to see all of them or talk to those folks who are advocating for special sessions for all those different reasons,” Hortman said right after a closed-door meeting with Walz and GOP leaders that all described as cordial and a way to build a better working relationship.

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As long as the legislative math remains the same, there will be calls from the left to pass bills while the DFL trifecta still lives. While the Senate is currently 33-33 due to the summertime resignation of former-Sen. Kelly Morrison to run for Congress, the DFL won the special election to replace her. Once Ann Johnson Stewart is sworn in by the end of this month, the DFL will again have majorities in the House and Senate. But due to some resignations by two DFL members and one GOP member, Hortman’s majority is currently 68-63 with 68 votes needed to pass legislation.

Another issue that could prompt special session calls is the Equal Rights Amendment that was not placed on the ballot in May despite the DFL control. A state constitutional amendment that was primarily about equal rights for women passed the Senate in 2023 with six GOP votes. It was not taken up by the House. Then last session a broadened amendment that contained reproductive rights protections passed the House but not the Senate.

ERA Minnesota has issued an “action alert” asking supporters to contact Walz and request a special session to place the amendment on the 2026 ballot. And in a Facebook post, the group noted that an amendment in New York with language similar to the House version from May received 62% of the vote.

Minnesota Citizens Concerned for Life has issued a statement opposing the amendment and opposing a special session.  

While it is possible the version that passed the Senate with GOP votes could pass a tied House, it is unlikely the broader version that included abortion would do so.

In the meantime, there is nothing in state law or the state constitution that would prevent Walz from calling a session and the House and Senate DFL leadership from performing a trifecta swan song in what is sometimes termed a lame duck session. Whether it is a good idea or not, and whether it would sour relations between the DFL and GOP in a way that would color the 2025 session was not resolved Thursday.

As expected, perhaps, Republican legislative leaders didn’t think it was such a great idea. Having just wrestled the trifecta away from the DFL by winning three swing districts earlier this month, House Republicans would prefer to hold all legislation until the new Legislature and the tied House convene.

“I think we are looking forward to coming back January 14th,” said GOP co-speaker designate Lisa Demuth of Cold Spring. “I think Minnesotans just need us to get to work January 14th on the things that actually matter.”

Senate Minority Leader Mark Johnson of East Grand Forks said there are many distractions right now, not the least of which is the House trying to organize just the second tied legislative chamber in state history.

“I think we need to wait until next session when those who have been elected have a voice in the Legislature,” he said. “That’s what we’re really waiting for.”

Editor’s note: Peter Callaghan wrote this story for MinnPost.com. Callaghan covers state government for MinnPost. 

This article first appeared on MinnPost and is republished here under a Creative Commons license.

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