High court sets date for oral arguments on secretary of state’s authority to preside over House

The Minnesota Supreme Court will hear oral arguments next week to consider whether Secretary of State Steve Simon has acted within the law while presiding over the House of Representatives.

Republican House Speaker-designate Lisa Demuth and floor leader Rep. Harry Niska filed a lawsuit on Thursday accusing Simon, a Democrat, of overstepping his authority since the start of the legislative session by “unilaterally” adjourning the House each day until a quorum is reached. The lawmakers also take issue with Simon’s refusal to recognize motions brought to the House floor.

Minnesota law designates the secretary of state as presiding officer of the House of Representatives until a quorum is present to conduct business and elect a speaker. The Supreme Court ruled a week ago that 68 members are required for a quorum, and Republicans have been one seat short while DFL lawmakers hold out of the legislative session in hopes of securing a power-sharing agreement with the GOP.

According to a scheduling order issued by the court on Friday, Simon must file a response to the GOP lawsuit by Monday, and the GOP will have an opportunity to file a reply on Tuesday. Oral arguments will be held in the Supreme Court chambers at the Capitol on Thursday morning.

Republicans are hopeful the court will rule in their favor and allow them to start filing motions — including measures to dock Democratic lawmakers’ pay for each day they don’t show up to the Capitol and take away their per diem for the entire session.

Simon’s office, however, maintains that “Absent a quorum and an organized House of Representatives, the only item in order is adjournment.”