Minnesota House Democrats and Secretary of State Steve Simon have requested the state’s Supreme Court resolve the power struggle unfolding in the lower chamber.
House Republicans and Democrats have been embroiled in a fight over whether the state House GOP has majority rule. Democrats refused to show up to work on Tuesday and Wednesday, upset that Republicans, who hold a narrow 67-66 majority in the chamber, have not agreed to terms over sharing power.
The Democrats maintain that Republicans need 68 seats to conduct official business, such as when state Republicans elected GOP leader Rep. Lisa Demuth as speaker on Tuesday.
Simon filed a petition with the Supreme Court on Tuesday to declare that he is legally the presiding officer in the Minnesota House due to a quorum of 68 seats not being satisfied.
Republicans have countered that 67 seats are sufficient for a quorum (the minimum number of representatives needed to conduct business) because one seat is empty. The seat has been vacant since Republicans successfully challenged the residency of a Democratic resident and he was removed from the chamber.
“Because the members of the House lacked this constitutionally required quorum on January 14, Representative Demuth has not properly been elected speaker and the House cannot transact business,” Simon’s lawyers wrote, per the Associated Press. “Until a quorum is present and a speaker is properly elected, the Secretary remains the House’s presiding officer and his role may not be usurped.”
Demuth responded by saying Simon has “no authority” to act as leader of the House.
“Secretary Simon has no authority as a member of the executive branch over proceedings in the House, and his role is strictly ceremonial in nature,” Demuth said in a statement.
The Supreme Court is set to hear oral arguments on Jan. 23. Republicans’ official response is due on Tuesday.
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Both sides agree that they won’t be able to pass bills unless they possess 68 votes.
The November election originally resulted in neither party holding a majority with a 67-67 split. However, a judge declared Democrat Curtis Johnson’s seat was invalid because he didn’t live in his district. Republicans thus hold a temporary 67-66 majority until the special election to fill Johnson’s seat takes place on Jan. 28.
