Minnesota Supreme Court rules in favor of DFL's argument that House lacks quorum
ST. PAUL, Minn. — The Minnesota Supreme Court on Friday sided with Democrats in their interpretation of the quorum question at the center of a power dispute in the state House, ruling that 68 members need to be present to meet that threshold.
That undercuts everything that's happened so far in the House, where Republicans on the first day moved ahead as a majority with 67 members present and have been conducting chamber business ever since even though Democrats haven't been there. The DFL caucus has been boycotting the session to deny quorum and keep Republicans from acting on the one-seat advantage they have—at least for now—due to a vacant Roseville-area seat.
The justices in their three-page order said the Constitution's definition of quorum—"a majority of each house" of the Legislature—applies to the total number of seats in the chamber and that doesn't change if a seat isn't filled. An opinion expanding further on their thinking will follow.
"Vacancies do not reduce the number required for a majority of each house to constitute a quorum. By statute, the total number of seats in the Minnesota House of Representatives is 134 seats," the order said. "Accordingly, in the Minnesota House of Representatives, a quorum for purposes of Article IV, Section 13, of the Minnesota Constitution, based on the current total number of seats prescribed by law, is 68."
Republicans had argued the quorum threshold is lower 67 due to that vacancy, changing the denominator from 134 seats to 133 seats. But ultimately Democrats prevailed.
The order means the House will go back to square one, but it's unclear what happens next. The court in its order did not chart the course for how the House should move forward.
House DFL leaders say the ruling makes it clear that both parties must work together to operate the House and they want Republicans to work with them on a power-sharing agreement if the House returns to a tie following the special election for the vacant seat, which will likely be in early to mid-March.
"Democrats' denial of quorum is a negotiating strategy. It's something that's been used all over the country in legislatures. We are working," Hortman told reporters in a news conference Friday evening. "I understand the point of view of Republicans that it's frustrating we aren't at the capitol. It's not our aim to frustrate Republicans; it's our aim to come to an agreement where we can work together at the capitol."
Before a judge in an election challenge ruled that the DFL winner of the Roseville House race didn't live in the district, and that candidate said he wouldn't take the oath of office, both parties were working on a power-sharing agreement because the House was evenly split 67 to 67.
House Republican Leader Lisa Demuth in a statement said Democrats should return to work. She did not comment on the Supreme Court's decision directly, but WCCO learned Friday that the GOP will comply with the order.
"This decision drives home the fact that House Democrats are disrespecting not just their own constituents, but the entire state of Minnesota by refusing to do their jobs," said Demuth. "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."
It's unclear if Democrats will return on Monday. They vow they will not show up unless there is a deal about how they will move forward. Hortman told reporters her offer is for the Republicans to operate like a majority—elect a speaker and chair committees—until the outcome of the special election would change the make-up of the chamber. If Democrats win, they will return to sharing power.
Another sticking point for Democrats is they want assurances from Republicans in an agreement that they won't unset DFL Rep. Brad Tabke of Shakopee, whose narrow victory was affirmed by a Scott County judge in a separate election contest. Ultimately, though, the state constitution empowers the House to have the final say on the eligibility of its own members.
DFL Secretary of State Steve Simon is the presiding officer of the state House on the first day of session until the House organizes itself. In a statement, he indicated he would reconvene the chamber next week.
If the power impasse continues and Democrats continue with their boycott, it's likely Simon will adjourn the House until a quorum is reached.
