Saint Paul, Minn. – On January 14, 2025, the House DFL filed a lawsuit asking the Minnesota Supreme Court to declare that Republicans acted unlawfully when they purported to organize the Minnesota House, elect a Speaker, and took other actions in the absence of a quorum.
“Republicans’ sham session had no legal authority, and the actions they took on January 14 have no legal effect. A 68-member quorum is required to conduct House business, and only 67 members were present,” said DFL Speaker-designate Melissa Hortman. “Democrats are denying quorum to protect the will of the voters in Shakopee and statewide. Republicans have stated their intent to use a two-week, one-seat advantage to kick out duly elected DFL state Representative Brad Tabke. Representative Tabke’s victory was established on election night, confirmed in a recount, and confirmed again in a court ruling in response to Republicans’ election contest lawsuit. Republicans are going to extreme and unprecedented lengths to seize power that the voters did not give them, and Democrats will fight their unlawful, unconstitutional actions every step of the way.”
On January 14, DFL state representatives took the unusual step of denying quorum to block Republicans from using a two-week, one-vote edge to illegitimately seize control of the Minnesota House and engage in wrongful conduct like removing duly elected state representatives from office. Denial of quorum is a parliamentary tactic that has been used in many other states, but was used for the first time in Minnesota yesterday.
On the first day of session, in accordance with Minnesota law, Secretary of State Simon was the lawful presiding officer, and continues to be the lawful presiding officer until the House is duly organized. Simon declared that 67 members were present and that did not constitute a quorum, then adjourned the session for the day. Republicans then held a sham session that Democrats expect the Supreme Court will invalidate.
“On January 14 Republican state representatives took their oath of office and then turned around and broke it,” said DFL Floor Leader Jamie Long. “Republicans’ blatant disregard for the Minnesota Constitution and state law is a chilling attack on our democracy, and it is right out of the Donald Trump/MAGA playbook. Democrats believe that what Republicans are doing is completely unlawful. We look forward to a court decision that invalidates their lawless behavior.”
The Minnesota Constitution, Article 4, Section 13, states “A majority of each house constitutes a quorum to transact business” and Minnesota state law 2.021 provides that the Minnesota House is composed of 134 members. A majority of 134 members is 68 members. There is no precedent in state history for the chamber having found a quorum less than 68 members.
Democrats have made reasonable power-sharing compromise offers to Republicans, including proposing that Republicans run the Minnesota House for the period during which there is a vacancy in a safe DFL district. It takes 68 votes to pass a bill in the Minnesota House and Republicans only have 67 members. Democrats contend that governing under a power-sharing agreement is the only appropriate path forward since Minnesotans elected equal numbers of DFL and Republican state representatives.