Minnesota House Democrats sworn into office early as they prepare to boycott start of session

Other weekend developments include a power sharing agreement between Republicans and Democrats in the State Senate.

Minnesota House Democrats were sworn in as office on Sunday night at a private ceremony held at the Minnesota History Center. Republicans called the move “covert”, and deemed it illegitimate.

The Senate Democrats and Republicans announced that they had reached a power sharing agreement in that chamber over the weekend, but House Leaders argued back and forth through the media all day on Monday without directly negotiating with each other.

Melissa Hortman, the DFL leader at a Capitol press conference, lamented the fact that the Senate had worked out the issues while the House hadn’t.

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Hortman (DFL-Brooklyn Park) said, “We are aware that there will be a tie in two weeks, but we heard this morning from [House GOP Leader] Lisa Demuth, that it won’t make a difference; she is going to be the speaker for two year and exercise her power as if she were in control for two years.”

Hortman raised the possibility of violence by claiming Republicans were planning to “bum rush” the rostrum as Secretary of State Steve Simon took the stage to start the session on Tuesday. Demuth strongly denied this claim, but the exchange of hostile rhetoric was evident.

The secretive swearing in on Sunday was just the latest twist in the wild build-up to the legislative sessions, which House Democrats have promised to boycott for a few weeks unless they can reach a power-sharing deal with Republicans.

Hortman explained that the ceremony was conducted early so DFLers could be properly sworn-in if they stayed away from the Capitol Tuesday, when the members usually take the oath. The oath will be administered by Chief Judge Jennifer Frisch of the state Court of Appeals.

Demuth countered by saying that the Sunday ceremony was “a slap on the face for the institution, and every voter who expects his elected officials to act with good faith and maintain the integrity of legislative process.”

In November, Democrats lost three seats at the state House. The chamber was tied at 67-67. Republicans were successful in a challenge by a Roseville area Democrat to his residency. He left the seat and a special vote was set for January 28. The GOP has a 67 to 66 lead until then.

Up until late December, the DFLers in the House and Republicans were negotiating an agreement on power sharing. After the court’s ruling, Republicans decided to use their numerical advantage and elect Demuth as speaker of the House. Democrats said they would not show up until the special election, so that they could deny Republicans a quorum of 68 votes they claim is required for any House action.

Simon, the man who presided over the House at its opening, said that he agreed that 68 was the required quorum, and that he would adjourn it without that number.

In a reply, Republicans claimed that 67 people constitute a majority and Simon was urged to change a “deeply flawed course of action.”

Kevin Burke, a retired Hennepin County judge, swore in most of the Democratic House members on Sunday at Minnesota History Center. Hortman noted that there is precedent for the ceremony to be held outside the Capitol, but not for the entire Democratic caucus.

Brad Tabke of the DFL was sworn in as a member. His 14-vote win in a Shakopee house seat is currently being challenged by Republicans in court over 20 absentee votes missing in a precinct.

Aaron Paul, the Republican candidate for the seat in question, wants the court declaring a vacancy and ordering a special election. Dakota County Judge Tracy Perzel is still weighing the case, despite it being under review for several weeks.

R. Reid LeBeau II argued that Tabke’s swearing-in was “a direct assault on this court’s authority to decide current actions” and urged the Judge to hold Tabke Tabke in contempt.

David Zoll, Tabke’s attorney, responded in writing, stating that the court’s authority is only advisory, and it was proper for the DFLer, Tabke, to take the oath of office and be seated. Zoll’s response pointed out that Robert Pavlak, a former Republican state representative who served in the House for four months before being removed by a ruling of the state Supreme Court in May 1979. He was removed from his seat by a vote of 67-66.

Recall pledge

Republicans are launching a campaign of pressure against Democrats. They have run ads in swing districts, and promised to recall anyone who does not show up for the first day of session.

In a Monday press conference at the Capitol, Republican Party chair Alex Plechash and attorney Ryan Wilson said they needed to collect 25 signatures to present each petition to the Supreme Court of California. If the court finds that the grounds are valid then the petitions will be sent to a special expert for review.

Plechash stated, “We will hold every legislator accountable.” “If you do not show up to work, you should not keep the job.”

Wilson has said that if the DFLers do not show up, they will try to recall them for “nonfeasance.”

The process would not be quick.

If the Supreme Court decides that the petitions are valid, they will be sent to a special expert for review. This should take less than 50 days. Wilson said that if the court and special master approve the petitions, Republicans have 90 days to gather additional signatures.

To qualify, petitioners must obtain 25% of all voters who voted in the last general election. Wilson stated that this would be approximately 6,000 signatures for each district.

The Republicans have said they will continue to pursue the petitions, even if DFLers arrive at work later.

The Minnesota Senate reached a power sharing agreement on Sunday. After the death of DFL Senator Kari Dziedzic, the chamber is now tied at 33-33. On Jan. 28, a special election will be held to replace Dziedzic, who was a DFL-stronghold in Minneapolis.

They have agreed to share control with Republicans until they reach 34 votes, and will hold equal power in committees, as well as sharing control on the Senate floor.

Erin Murphy, DFL Senate leader, said that the temporary tie of 33-33 in the Senate presented unique challenges to the body. It also required a solution unique.

“Under these conditions, we can start the work of 2025 and avoid gridlock. We will uphold the best in this institution.”

Mark Johnson, Senate GOP leader, said that the agreement was an “opportunity for building trust and respect while we navigate these situations.”