Democrats petition Supreme Court to declare GOP lacked quorum to elect speaker

House Democrats and Secretary of State Steve Simon filed separate petitions with the Minnesota Supreme Court seeking to nullify Republicans’ actions on the first day of the legislative session.

All 66 elected Democrats boycotted Tuesday’s opening session with the intent of denying Republicans a quorum. Their holdout came after negotiations on a power-sharing agreement broke down due to a successful election contest giving Republicans a likely temporary one-seat edge.

Simon — who presides over the House until a speaker is elected — notified lawmakers last week that he had determined a quorum is 68 members; Republicans disagreed, arguing that a simple majority of elected members would suffice.

With all 67 Republican representatives present and the Democratic side of the House vacant on Tuesday, Simon declared there was no quorum and adjourned the session. Republicans cried foul, took roll call again, declared a quorum and elected Rep. Lisa Demuth, R-Cold Spring, as House speaker.

Now Democrats are asking the Supreme Court to issue a writ of quo warranto — a remedy used to challenge someone’s standing to hold a position — and rule that 68 members are needed for a quorum; invalidate Demuth’s election as speaker; and reinstate Simon as presiding officer of the House until a quorum is reached.

“These actions taken by Respondents Demuth, [Rep. Harry] Niska, and [Rep. Paul] Anderson were beyond their lawful authority under the Minnesota Constitution, Minnesota law, Legislative and House rules, and traditional customs,” a petition filed Wednesday by DFL Reps. Melissa Hortman, Jamie Long and Athena Hollins states. “All of the actions taken after Secretary Simon adjourned the House, including Respondent Demuth’s election as Speaker of the House, were improper and unlawful.”

Aside from concerns the GOP will take a fleeting one-seat majority and use it to take House control for an entire two-year term, Democrats claim Demuth and her caucus will try to unseat a Shakopee Democrat whose narrow election win was upheld in court.

Rep. Brad Tabke won reelection by 14 votes over Republican challenger Aaron Paul in House District 54A. A hand recount confirmed the margin of victory, but a Scott County audit later found that election officials discarded 20 ballots that went uncounted. A judge ruled on Tuesday that no redo was needed.

Demuth released a statement on Wednesday expressing confidence that House Republicans took a legal course of action to start the legislative session.

“Secretary Simon has no authority as a member of the executive branch over proceedings in the House, and his role is strictly ceremonial in nature,” Demuth said. “There is ample precedent in the Minnesota Supreme Court and from the framers of Minnesota’s constitution regarding quorum. We look forward to defending the House from this attack on our Constitutional separation of powers, and to ensuring the Minnesota House continues its important work on behalf of Minnesotans who elected us to show up and do our jobs.”