Republican Minnesota senators on Wednesday unsuccessfully pushed to speed up an ethics investigation and expulsion of a Democratic-Farmer-Labor senator facing a felony burglary charge. But for now, it appears the DFL will hold on to control of the chamber — at least for the rest of the session.

The GOP is asking for an ethics investigation just days after Sen. Nicole Mitchell, DFL-Woodbury, was arrested for allegedly breaking into her stepmother’s Detroit Lakes home, throwing into question whether her party can keep its one-seat majority in the Senate

But more immediately, it presents a potential hurdle for bills backed by DFLers in the final weeks of the legislative session. Votes on several major policy bills have already been delayed.

Nicole Mitchell (Courtesy of the Becker County Sheriff’s Office)

GOP senators filed an ethics complaint against Mitchell Wednesday citing the felony charge as a major concern, but also discrepancies in what 49-year-old Mitchell said in criminal charges versus a statement about the case on social media.

In criminal charges filed in Becker County District Court, Mitchell admitted to police she entered her stepmother’s home through a basement window, saying she hoped to retrieve her father’s ashes and other items of sentimental value.

But in a post to social media on Tuesday following her release, Mitchell said she was checking in on her stepmother out of concern for her well-being, and denied allegations she was there to steal.

34-33 margin

In the 34-33 Senate, Republicans seized on the opportunity to call for Mitchell’s resignation and removal. Under the current Senate ethics investigation rules, the process can take up to 30 days to begin, meaning it could start after until after the session closes May 20.

In urging members to vote no Democrats said lawmakers should respect due process before removing a colleague from office.

“It’s important to acknowledge we don’t have all the facts but this obviously is a very tough and challenging moment for this institution,” Senate Majority Erin Murphy told reporters after Wednesday’s floor session.

Sen. Eric Lucero, R-St. Michael, said Mitchell had violated the public trust, and he introduced a resolution to speed up the process to potentially remove her.

“We must have a swift examination of this serious felony charge to ensure the integrity of this institution and the state of Minnesota is upheld,” he said.

The measure failed on a on a 33-33 party-line vote. If it had succeeded, the Senate Ethics Committee would have been required to start its investigation.

Actual removal requires a two-thirds majority in order to succeed, and it’s evident DFLers had no interest in signing off on ending their majority.

Murphy told reporters she’d consider allowing Mitchell to vote remotely for the rest of the session.

Senate Minority Leader Mark Johnson, R-East Grand Forks, said the Senate needs to act on the ethics investigation of Mitchell with urgency because her arrest already led to the cancelation of committee hearings and floor votes on Wednesday and Thursday.

“What you’re seeing now is the DFL kicking that down the road 30 days later,” he said. “Already, today, and tomorrow, Senator Mitchell is having an impact on the business of the Minnesota Senate.”

Other lawmakers criminally charged

Several other sitting Minnesota lawmakers have been charged with a crime while in office, and none have stepped down. Most of them were for driving while intoxicated, and none have faced felony charges.

John Jasinski, R-Faribault, Tou Xiong, DFL-Maplewood, Brion Curran, DFL-Vadnais Heights and Rep. Dan Wolgamott, DFL-St. Cloud, have all pleaded guilty in DWI cases.

Northwest Minnesota Rep. Matt Grossel, R-Clearbrook, pleaded guilty to DWI in 2023, and was arrested for misdemeanor trespassing after refusing to leave a hospital he ended up at after being drunk and disorderly and shoving a security guard at a hotel near the state Capitol.

In 2021, House DFLers expelled St. Paul Rep. John Thompson from their caucus due to allegations of domestic abuse and misconduct. Thompson didn’t get expelled or resign, but he eventually lost a primary challenge and left office at the end of his first and only two-year term in 2023.

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