What does Minnesota law, state constitution say about legislative quorums?

When the Minnesota House starts the legislative session on Tuesday, Republicans and Democrats are at odds over what constitutes a quorum. 

Secretary of State Steve Simon will, by statute, open the House at noon Tuesday and then step aside once a quorum is present. That quorum would then elect a speaker. 

But Republicans will only have 67 members, because DFLers say they don’t plan to show up. And Simon says it’ll take 68 votes to proceed. If the DFL member stay away, Simon said he’ll declare the House not in session and adjourn until Wednesday.

GOP House leader Lisa Demuth has said she will conduct business anyway, which means it is possible the issues (whether 67 is a quorum or whether actions taken by the House GOP are legal) will end up at the state Supreme Court.

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

Here are the relevant sections of the Minnesota Constitution and state statute in question in the dispute:

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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