Minnesota House GOP, Secretary of State Steve Simon return to Supreme Court

The Republicans want the DFL, which is absent from House sessions, to be present.

Minnesota House Republicans returned to the State Supreme Court on Thurday, asking the justices to help compel absent Democrats into the chamber, suspend or fine their salaries.

The Justices will listen to oral arguments in the ongoing dispute about which party will control the House during the legislative sessions of 2025 and 2026. The 67-member Republican Caucus is using the latest legal tactic to force the DFLers into the Capitol.

Since the beginning of the session on Jan. 14, the DFL has boycotted the 134 member chamber. Both parties had 67 members after the 2024 elections. The Republican Leader Lisa Demuth from Cold Spring, and the DFL Leader Melissa Hortman from Brooklyn Park have worked out a power sharing agreement. They both pledged a bipartisan session.

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This was dismissed in late December, when a Ramsey County Judge voided Curtis Johnson’s election to a Roseville area seat due to his residence in Little Canada. Little Canada is outside of the district. Demuth, the GOP and other Republicans declared victory. They said that the power-sharing arrangement was no longer needed and they would be in control of the House for the following two years.

The current partisan split is 67 Republicans to 66 Democrats. However, the parties will likely be tied following a March special election to fill the Roseville Seat.

What you need to know about the Supreme Court hearing.

What is happening on Thursday?

The seven justices will hear arguments from attorneys for House Republicans as well as Secretary of State Steve Simon on whether Simon should allow GOP members to move motions in the House.

Why is Simon involved in the case?

Simon’s duties as secretary of state include convening the State House at the start of the legislative sessions.

Wasn’t it last month that the session began?

It was meant to be. The DFL boycotted the Capitol after the failed power-sharing negotiations. Republicans are attempting to force them into attending through various means including this petition filed with the state high court.

Does the Republican quorum exist?

No. The Supreme Court ruled last month that a quorum of 68 people is required. This decision canceled all Republican committee meetings and organizing efforts in January.

Does the House still meet?

Most days, Republicans are in the House chamber. Simon climbs the podium at the front of chamber. Simon, with only 67 Republicans present, declares that there is not a quorum for official business. He hits the gavel and adjourns. The petition by Republicans states that Simon has “seized control of House and shut it up”.

What are the Republicans’ goals?

Rep. Harry Niska (R-Ramsey) wants Simon to ask him to call on him from the House Floor to “compel attendance of absent Members.” Niska is also trying to dock salaries or fine absent members and refuse to pay their per diem for the two-year session. Legislators receive a per-diem allowance for travel, food and lodging in addition to their annual salary of $51,750.

Can they conduct business without a majority?

Republicans claim that the state Constitution does “perfectly” clarify that certain actions can be valid without a majority. A majority is needed to conduct business but “a smaller group can adjourn the session from day to day, and force the attendance of absentee members under the penalty it may specify.”

What is Simon saying?

In a motion on behalf of Simon’s, State Solicitor-General Liz Kramer argued that the Secretary of State had not received any motions, and that even if he did, he would have refused to acknowledge them due to the lack of quorum.

Kramer replied that the Republicans’ “compel clause”, which they cite, does not apply until the House has been organized. It cannot be organized with only 67 members. She wrote that, for example, House rules state that the sergeant at arms would be responsible for executing any order to gather members. “But a sergeant at arms is not elected until a quorum is reached and officers have been chosen,” she wrote.

Are the DFL & GOP trying to make a deal together?

A deal is possible at any time. Leaders of the parties have been meeting in secret but still haven’t reached an agreement.

When will the court rule?

The court’s recent actions on House disputes have shown that it is likely to be Friday.

All seven justices will decide the case

Yes. Justice Karl Procaccini recused him from prior decisions involving Governor. Tim Walz called a special election. He will sit on the bench Thursday for this one.

How can I watch the court?

The arguments are set to start at 10 am, and you can watch them live on the court website.