On Election Day, Minnesota voters split the state House evenly, with 67 Republicans and 67 Democrats winning their races. The two parties reached a power-sharing agreement to share committee control.
But with one Democratic legislator legally unable to take his seat, Republicans say they’re ready to use their majority and elect a Republican speaker. Democrats, in turn, are considering boycotting the session to prevent a speaker vote.
The issue stems from a judge’s ruling that Democratic Rep.-elect Curtis Johnson cannot take the seat he won in District 40B. The judge found Johnson did not meet the district’s residency requirements.
While either party would need a quorum of 68 seats to pass laws and hold a speaker vote once the legislature starts on Jan. 14, Republicans could appoint a speaker with the current 67-66 majority. And assuming Republicans hold together, Democrats could not remove the Republican speaker in a tied legislature.
Minnesota Gov. Tim Walz, a Democrat, set a special election to fill the seat for Jan. 28. It’s a heavily Democratic district where both parties expect a Democrat to win.
However, as long as Republicans hold the majority, they can also take control of committees instead of collaborating as planned under the power-sharing agreement.
Democrats have options, but all of them come with potential risks.
Democrats are weighing a boycott to prevent Republicans from meeting the requisite quorum to elect a speaker and pass bills. However, Minnesota law would allow Republicans to compel Democrats to attend while also opening the door to recall petitions against Democratic lawmakers.
Another option, reported on by local news outlet the Minnesota Reformer, would be for Democrats to launch a two-week filibuster. Lawmakers would give speeches to eat up time in order to prevent a speaker vote.
Legislators fleeing to prevent a quorum is an increasingly common tactic. In recent years, both Texas Democrats and Oregon Republicans have boycotted sessions to try to hold up major bills.
