The Twisted Opening Session of the Minnesota House

 

 

Under the Capitol Rotunda

On the first day of legislation session today, Minnesotans gathered in the Capitol Rotunda to rally for the Minnesota Equal Rights Amendment (ERA). Speakers called on lawmakers to pass the ERA this session, placing it on the ballot for Minnesotans to decide in the 2026 election.

The Minnesota ERA would  safeguard against discrimination based on race, gender identity, sexual orientation, pregnancy outcomes, and more. Advocates argue that with reproductive rights, LGBTQ+ equality, and racial justice poised to be under attack as Trump returns to Washington, passing the ERA is an urgent and necessary step to protect Minnesota’s  fundamental freedoms.

“Amid this fraught political moment, Minnesota has the chance to lead,” said Sen. Mary Kunesh, Senate author of the ERA. “We can show the nation that Minnesota is committed to equality and dignity for all. The ERA is about who we are as a state — and about securing the future Minnesotans deserve.”

Last year’s legislative session demonstrated support for the ERA. The bill passed the House and had the votes to pass the Senate, but time ran out before a final vote could take place.

Megan Peterson, executive director of Gender Justice, said, “This is the fight of our time. With Trump back in office and attacks on freedom and bodily autonomy escalating, it’s up to Minnesota to push back. The people of this state overwhelmingly support equality for all — it’s time to let them decide.”

The rally also marked the launch of Minnesotans for Equal Rights, a coalition of organizations, leaders, and advocates spanning reproductive justice, LGBTQ+ equality, racial justice, labor unions, faith communities, and more.

 

Inside the Opening Session

Acting as presiding officer, Secretary of State Steve Simon called the House to order and the oath of office was administered to the 67 Republicans present. Since the GOP had indicated it would not honor a shared leadership agreement, the DFL House members stayed away from the opening session. Simon ruled that the House would be unable to take up further business, since it did not have the benchmark of 68 legislators necessary to meet a quorum requirement. He adjourned the body, thus concluding its official business for the day.

But Rep. Paul Anderson (R-Starbuck) assumed the speaker’s position and the Republicans — contending that their 67 members of a currently 133-member body constitute a quorum — voted to overrule Simon. They unanimously chose Rep. Lisa Demuth (R-Cold Spring) as House speaker.

Simon intends to file a petition with the Supreme Court to make it clear that the proceedings were not legally legitimate. He issued this statement: “Minnesota’s Laws and Constitution are clear on the Secretary of State’s authority to preside over the House of Representatives until it establishes a quorum to and elects a speaker. I have no interest in being part of a partisan struggle, but the authority granted by state law to the Secretary of State was violated today after the house adjourned. I have made very clear to both caucuses and the public ahead of convening my legal conclusion that 68 members are required for the House to conduct business. I anticipate that the courts will provide clarity both on that issue and on the understanding that the person who holds the Secretary of State’s office is the presiding officer until a Speaker is legally elected – an event which has not yet occurred.”

DFL House leader Melissa Hortman explained why 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 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.”

Meanwhile in Scott County

A district court judge in the 54A election of Scott County confirmed that Representative Brad Tabke won the election by a narrow margin, indicating that there “is no basis in fact or law for holding a special election.” The state Republicans, however, refused to agree to seat Tabke for the 2025-2026 term, as they are contesting the election results. Speaker-designate Melissa Hortman made a statement today — technically the first day of the state legislative session — saying, “Minnesotans delivered a 67-67 tie. The only way to respect the will of the voters is to seat all duly elected members and to share power equally. House Democrats are ready to work with Republicans.

“Given Republican statements this morning indicating their intent to ignore the election results and the court’s decision, Democrats have no other recourse to protect the will of the voters than to deny quorum until the special election in 40B [vacated when DFL representative Kari Dziedzic died of cancer on December 29] has concluded and that new member is sworn in. Democrats are united in our will to fight Republican efforts to kick Representative Brad Tabke out of the Minnesota House. We cannot allow Republicans to engage in this unprecedented abuse of power, and will use every tool at our disposal to block it.”

House DFL Leader Hortman offered a compromise to GOP Leader Lisa Demuth that would have Republicans run the Minnesota House for the next three weeks while they have a one-seat advantage, until after the outcome of a January 28th special election in a traditionally DFL district, at which point the Minnesota House would operate under the power-sharing agreement the two leaders negotiated after the November election.

Demuth later replied: “What we are offering is to come in, I am the speaker of the House and we look forward to working with them over the next two years in a reasonable way.”