Minnesota House Democrats threatened not to show up for the opening day of the legislative session on Tuesday if Republicans don’t agree to a power-sharing deal. Republicans say they don’t need to share power because they currently have 67 members to 66 for Democrats.

The imbalance caused by a court decision that negated an election victory for a DFL lawmaker who didn’t live in the district where he was elected.

“There is absolutely no reason why Democrats wouldn’t show up on the first day of session and be ready to work for their constituents,” Republican House Speaker-Designate Lisa Demuth said Monday as Republicans and Democrats held dueling news conferences. “There is no reason why taxpayers should be on the hook for paying for people who are not going to be at their jobs.”

But it appears taxpayers will be on the hook for the salaries of lawmakers whether they show up to be officially sworn in on the first day or not, but not for per diem payments.

“We are operating under statutory and constitutional requirements that all members will be receiving salary payments,” the Minnesota House Controller’s office told a Republican lawmaker in an e-mail. “We will not be able to make per diem payments to any member until a House resolution is adopted which authorizes them.”

“I don’t think that you would be seeing us in the Capitol building,” DFL House Speaker-Designate Melissa Hortman said on Monday. However, she says that doesn’t mean DFL lawmakers won’t be working.

“We’ll be meeting with constituents in our districts,” she said. “We’ll be meeting with mayors, police chiefs, fire chiefs, working with staff, drafting bills. Hopefully, it doesn’t come to that.”

It will come to that unless Republicans drop plans to elect a GOP House Speaker and committee chair using what is likely a temporary one-vote advantage.

A special election in one DFL-leaning district will be held on Jan. 28 that will likely restore a 67-67 tie.

However, that could change depending on how a judge rules in a Scott County election contest where a DFL incumbent has a 14-vote lead in a race where 20 ballots were thrown out without being counted.

On a related note, DFL Secretary of State Steve Simon met with Republican House leaders today and told him they would need a quorum of at least 68 in order to do any business on the House floor. According to the Minnesota Constitution, the secretary of state presides over the House until a speaker is elected.

“Secretary Simon shared that under the Minnesota Constitution and state statute, the majority needed for a quorum in the House of Representatives is 68 members,” according to a statement from his office. “This determination was made after extensive research, analysis, and consultation with nonpartisan experts.”

Republicans are expected to challenge that interpretation, saying that because there are only 133 legally elected representatives so far, 67 should provide a quorum.

A spokeswoman for Simon says he “offered the opportunity for the Republican leaders to ask questions and to provide their perspective regarding his authority. He made clear his willingness to reevaluate his position if provided with new information. Republican leaders have not yet shared any legal analysis supporting an alternative position.”

The opening day of the Minnesota Legislature is Tuesday.