Minnesota Republicans say they’ll recall House members who don’t show up for start of session

A showdown over a quorum in the Minnesota House of Representatives could be headed for recall petitions against DFL lawmakers who don’t show up when the legislative session begins on Tuesday.

After the Nov. 5 election, the House was set to be a 67-67 tie. That’s until a successful election challenge in House District 40B resulted in the resignation of DFL Rep.-elect Curtis Johnson, whom a judge ruled was ineligible to take office because he did not live in the district.

The vacancy tipped a tie to a one-seat Republican majority — which GOP House Speaker-designate Lisa Demuth said her party would use to their advantage when the House picks a speaker and assigns committee chairs.

In response, House Democrats said they would not attend the start of the legislative session if Republicans did not abide by a power-sharing agreement that was struck when a tie was imminent. This move, according to current DFL House Speaker Melissa Hortman, would deprive Republicans of a 68-member quorum needed to conduct business.

“She knows they don’t have a quorum,” Hortman said of Demuth during a news conference on Monday. “She assumes that we’re going to show up. We’re not going to show up and have them illegitimately seize power.”

Now, Minnesota Republicans say they plan to file recall petitions against any House member who attempts to deny a quorum.

“This is the people’s house, and elected officials have a duty to show up and serve,” Minnesota GOP Chairman Alex Plechash said in a statement Friday. “When legislators refuse to do their jobs, they are not only abandoning their responsibilities but also betraying the trust of the people who elected them. The GOP stands ready to defend our democracy against these attacks and will immediately begin the constitutional process to recall any DFL legislator who refuses to show up for work.”

Under state law, a recall of an elected state official other than a judge may occur in cases of “malfeasance or nonfeasance … in the performance of the duties of the office” or the “conviction … of a serious crime.”

Minnesota GOP leaders are expected to share more about their plans for potentially recalling House members during a news conference on Monday.

Quorum question

One ingredient in this standoff is a disagreement over what constitutes a quorum under state law.

Secretary of State Steve Simon, who will preside over the House of Representatives until a speaker is chosen, told lawmakers this week that no business could be conducted until a majority of the House is present.

After consulting with legal experts, Simon concluded “a majority of the House” is 68 members because the section in the state Constitution that defines a quorum refers to the entire body, not the number of members present.

“If there is a quorum, I will entertain nominations for the election of a speaker,” Simon wrote in a letter addressed to Hortman and Demuth. “If no quorum exists, then Minnesota law is clear that all the members present can do at that point is to adjourn.”