State Supreme Court rules 68 members constitutes a House quorum

One day after hearing arguments on both sides of the issue, the Minnesota Supreme Court has ruled that 68 members constitute a quorum in the House.

Per Friday’s ruling: “The quorum clause in Article IV, Section 13, of the Minnesota Constitution, requires a majority of the total number of seats of which each house may consist to constitute a quorum. Because under current statute, the total number of seats in the Minnesota House of Representatives is 134, a quorum under Article IV, § 13, is 68 members. We assume that the parties will now conform to this order without the necessity of issuing a formal writ.”

A quorum refers to the minimum number of members who must be present to conduct business.

“I thank the court for its promptness and clarity in this case,” Secretary of State Steve Simon said in a statement. “This was a closely contested legal issue, and for the first time in state history we now have a final answer on what constitutes a legislative quorum.”

“Republicans tried to seize power that the voters did not give them,” Rep. Melissa Hortman (DFL-Brooklyn Park), the DFL speaker-designate, said in a statement.

The judgment ends a dispute that dates back to the first day of the legislative session. With 67 Republicans present and zero DFL members, Simon, acting as presiding officer, ruled a quorum was not present. Arguing that 67 is a quorum because there are only 133 House members — the District 40B seat is vacant — Republican members went ahead and selected Rep. Lisa Demuth (R-Cold Spring) as speaker.

Since then, committee hearings have taken place with only Republicans present, and DFL members have continued to stay away from the Capitol.

In essence, the court decision voids any work done thus far in session.

“House Republicans will be showing up to work on Monday — it's time for the Democrats' walkout to end and for the legislature to get on with its work,” Demuth said in a statement.

Hortman expressed a willingness for her caucus to do so with a power-sharing agreement. “Now that it is clear Republicans must work with Democrats for the House to operate, I am hopeful we will be able to shortly negotiate an acceptable path forward. We’re ready to roll up our sleeves and return to the negotiating table immediately."

After Election Day when it appeared the House would be 67-67, Demuth and Hortman began working on such a power-sharing agreement.

But the numbers changed last month when a court ruled that Curtis Johnson did not meet residency requirements when he won the District 40B seat by 30 points. Their presumption is the seat will remain in the DFL column when a special election is held in March.

The fate of Rep. Brad Tabke (DFL-Shakopee) may also be a sticking point. Tabke won his District 54A seat by 14 votes, but 20 absentee ballots were likely thrown away by mistake. However, a district court judge ruled Jan. 14 that Tabke is the winner. Still, Republicans have not publicly committed to seating him.