Minnesota leads again: No other state has ever begun a legislative session without clear majorities

It might seem obvious, but Minnesota is alone at the top – or the bottom – of one legislative superlative: the first state to ever begin a session without clear partisan majorities in both the House and Senate.

Legal interpretations aside as to whether the 67 votes Republicans will have Tuesday in a 134-seat House is a majority or not (Republicans say it is, DFLers say it isn’t), the House doesn’t come close to meeting the standard of “clear,” as tracked and confirmed by the National Conference of State Legislatures.

And the death of Sen. Kari Dzeidzic last month from cancer leaves the Senate at 33-33 for the first three weeks of the session, at least.

So who’s in charge when no one is in charge? Absent the creation of a co-op or declaration of a self-governing collective, the political situation is, in a word, fraught.

First, a summary (take a deep breath here): 

• The November election left the Senate with a 34-33 DFL majority after that party defended its hold of the only seat on the ballot. It also left the House with a 67-67 tie for just the second time ever and led to power-sharing agreements between DFL leader Melissa Hortman and GOP leader Lisa Demuth.
• One of the DFL winners – Curtis Johnson – apparently didn’t actually live in the district he sought to represent, despite having a mostly empty apartment where he only made cameo appearances. A judge said it wasn’t enough and declared the seat vacant.
• Because there will now be only 66 DFLers available to be sworn in Tuesday, Demuth says the deal is off, and she’ll be the sole boss of the House.
• A special election Gov. Tim Walz called for the vacant House seat on Jan. 28 might not meet the rules for such elections, and the Supreme Court will hear arguments on Jan. 15 to see if the election is premature. Both the Dzeidzic Senate seat and open House seat are in safe or safe-ish DFL districts.
• But wait: There’s one other House seat in contention where the DFL must prevail to preserve the tie. The Shakopee-centered district is held by DFL Brad Tabke by 14 votes, but a judge is deciding whether 20 ballots tossed by mistake by election officials should force a re-vote in a race.
• Meanwhile, House GOP leadership has indicated it may use the House’s constitutional authority as the final judge of its elections to deny Tabke his seat, regardless of the judge’s ruling. DFL members, in turn, have suggested they may not attend Tuesday’s session, arguing that a quorum of 68 voting members is required to convene the House. Their absence would prevent the House from convening, blocking a vote to make Demuth the sole speaker or to deny Tabke his seat, even if the court rules in his favor.
• Secretary of State Steve Simon, who by statute opens the House at noon Tuesday and then steps aside once a quorum is present, and that quorum elects a speaker, says it’ll take 68 votes to proceed. If the DFL members stay away, Simon said he’ll declare the House not in session and adjourn until Wednesday.
• House GOP members are outraged and suggest they’ll proceed regardless and move to elect Demuth and organize the House. Neither party questions that Demuth can be elected speaker with a majority of those present – 67 votes for now. What they are arguing over is whether the quorum needed to convene the House can be a lower number than what is needed to pass laws – 68 votes.
• Republican party officials are threatening to launch recall petitions against DFLers and have launched social media campaigns against some who don’t show up at the House chambers Tuesday. House GOP members sound like they will act as though a quorum is present and proceed. DFL members say they will be working, and collecting pay, just not in the House chambers.
• The issues – whether 67 members constitute a quorum or whether actions taken by the House GOP are legal – could ultimately reach the state Supreme Court. The court might intervene, or it might rule that, under the separation of powers, the matter is up to the Legislature, an independent branch of government, to resolve. Lawmakers may continue to dig themselves deeper into a constitutional quagmire, but the Supreme Court is not obligated to join them.
• On Sunday, House DFL members gathered at the Minnesota History Center to be sworn into office by a retired judge. While state law states that members are typically sworn in after convening on the first day, DFLers argued that it does not mandate this and cited examples of similar ceremonies taking place at other locations and times. The House GOP was, not surprisingly, unhappy.

Go ahead and exhale now.

Some observations

Lawmakers never negotiate in the media, unless they do: Most of last week was spent holding press conferences, conducting both scheduled and impromptu interviews, and sending out press release after press release. That doesn’t even include the social media battles being waged by electeds and non-electeds alike.

All of that was intended both to influence the public and to demonstrate to the more radical members of the DFL and GOP caucuses that their leaders are actively fighting and not conceding. But it does little to advance the negotiations, which are the only real path to resolving the conflict.

The devil can quote scripture for his purpose, and lawmakers can quote Mason’s Manual of Legislative Procedure: Which is it? Does it take 68 votes for a quorum, as Democrats claim — a majority of the 134 possible seats? Or does it take just 67 votes, as Republicans argue — a majority of the current 133 representatives who have election certificates in hand and can show up Tuesday?

The answer is … yes. Without clear language in the state constitution or rules, both interpretations have evidence to cite to support their positions. Democrats quote the notation in Mason’s that says a majority of the 50 states would say 68 votes, and a minority would say 67 votes. In a lengthy letter issued Friday, Simon says that while there are no court cases directly on point, most others suggest that 68 would be needed.

Republicans respond with their own citations, including those minority states that look at the number of members actually elected, not the number that can ultimately be elected. Congress, too, uses that interpretation.

There is even a citation from the state constitutional convention in 1857, first uncovered by cannabis legalization lobbyist and archive researcher Kurtis Hanna, that supports the GOP position. 

He should have read more carefully.

In fact, the framers of the Minnesota Constitution rejected both Steve Simon’s intepretation and his profoundly anti-democratic policy choice.

On July 30, 1857, a delegate offered an amendment to adopt Sec. Simon’s view of the quorum… https://t.co/8OW9kU6vX3 pic.twitter.com/vWCoojXFlA

— Rep. Harry Niska (@HarryNiska) January 11, 2025

Is this all for show? It is said that wolves circle three times before lying down to sleep. Politicians, too, must parade before settling down to serious work. Was last week the political equivalent of circling wolves preparing to negotiate? Or are today’s politics so polarized that the fight itself matters more than the resolution?

This Legislature has many recent examples of fiery rhetoric and apocalyptic predictions becoming agreements in days or even hours. But it is hard to negotiate with someone who doesn’t want anything. As of this week, the GOP in the House doesn’t feel the need to negotiate, while the House DFL does. Demuth and company know they can’t pass laws with a DFL Senate and Walz in the governor’s office. However, with control, they can hold hearings and launch a planned fraud committee. That power remains once the House is organized, even if the DFL wins the Johnson seat and retains the Tabke seat. If Demuth can be elected speaker by herself, that can only be undone by a majority vote which the DFL won’t have for two years.

It’s worth noting that Republicans could act to deny Tabke his seat even in a 67-67 House, as the decision would require only a majority of those present, and Tabke, as the subject of the challenge, would not be allowed to vote.

The House GOP can block DFL bills from the Senate from becoming law – a veto they maintain even with a tie. That could change with a ruling in the Tabke case, an extended DFL boycott, or other yet-to-be-imagined scenarios. For now, however, Republicans have little incentive to settle.

Meanwhile, over in the Senate where a 33-33 tie exists until a special election can be held, GOP and DFL leaders announced an amicable agreement to share power until then. Co-presiding officers, co-committee chairs and equal numbers from each party on all committees. While the House’s plans for Tuesday remain uncertain, the Senate is expected to pass a resolution to finalize the deal.

Appendix

What the constitution and state laws say about legislative quorums

Constitution

Sec. 13. Quorum. A majority of each house constitutes a quorum to transact business, but a smaller number may adjourn from day to day and compel the attendance of absent members in the manner and under the penalties it may provide.

Sec. 22. Majority vote of all members to pass a law. The style of all laws of this state shall be: “Be it enacted by the legislature of the state of Minnesota.” No law shall be passed unless voted for by a majority of all the members elected to each house of the legislature, and the vote entered in the journal of each house.

Section 1. Impeachment powers. The house of representatives has the sole power of impeachment through a concurrence of a majority of all its members. All impeachments shall be tried by the senate. When sitting for that purpose, senators shall be upon oath or affirmation to do justice according to law and evidence. No person shall be convicted without the concurrence of two-thirds of the senators present.

Section 1. Amendments; ratification. A majority of the members elected to each house of the legislature may propose amendments to this constitution. 

Statutes

2.021 NUMBER OF MEMBERS

For each legislature, until a new apportionment shall have been made, the senate is composed of 67 members and the house of representatives is composed of 134 members.

3.02 EVIDENCE OF MEMBERSHIP

For all purposes of organization of either house of the legislature, a certificate of election to it, duly executed by the secretary of state, is prima facie evidence of the right to membership of the person named in it.

3.05 ORGANIZATION

At noon of the day appointed for convening the legislature, the members shall meet in their respective chambers. The lieutenant governor shall call the senate to order and the secretary of state, the house of representatives. In the absence of either officer, the oldest member present shall act in the officer’s place. The person so acting shall appoint, from the members present, a clerk pro tem, who shall call the legislative districts in the order of their numbers. As each is called, the persons claiming to be members from each shall present their certificates to be filed. All whose certificates are so presented shall then stand and be sworn.

3.06 OFFICERS AND EMPLOYEES

Subdivision 1. Election. Thereupon, if a quorum is present, the houses shall elect the following officers, any of whom may be removed by resolution of the appointing body.

The senate shall elect a secretary, a first and a second assistant secretary, an enrolling clerk, an engrossing clerk, a sergeant-at-arms, an assistant sergeant-at-arms, and a chaplain.

The house of representatives shall elect a speaker, who shall be a member of the house of representatives, a chief clerk, a first and a second assistant clerk, an index clerk, a chief sergeant-at-arms, a first and a second assistant sergeant-at-arms, a postmaster, an assistant postmaster, and a chaplain.

3.96 QUORUM AND VOTE REQUIREMENTS

In the event of an attack the quorum requirement for the legislature is a majority of the members of each house who convene for the session. If the affirmative vote of a specified proportion of members of the legislature would otherwise be required to approve a bill, resolution, or for any other action, the same proportion of the members of each house convening at the session is sufficient. 

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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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