With lawmakers set to convene for the 2025 Minnesota legislative session at noon Tuesday, it remained unclear whether Democratic-Farmer-Labor and Republican House lawmakers will reach a power-sharing agreement to avoid a DFL walkout.

The House currently is 67-66 in favor of the GOP. Republicans have said they plan to use their temporary one-seat majority to elect one of their own as speaker and control committees. But DFLers say that is unconstitutional.

GOP leaders are also floating the idea of denying the seat of a Shakopee DFL House lawmaker they lost an election challenge in court, something Democrats say is an abuse of power.

Shakopee legislative race decision

Meanwhile, earlier Tuesday a Shakopee judge ruled that Democratic Rep. Brad Tabke is eligible to take seat 54A despite 20 missing ballots in that race. Following the court ruling, Tabke, DFL-Shakopee, issued a statement calling on Republican Caucus leader Lisa Demuth to respect the judge’s decision, saying he and fellow DFLers wouldn’t show up for the opening of session unless they had a commitment from GOP members.

House Speaker-designate Rep. Lisa Demuth, R-Cold Spring. (John Autey / Pioneer Press).

“Leader Demuth must now unequivocally agree that the House GOP will not overturn the will of the 22,000 Shakopee voters AND agree to govern together for the people of Minnesota,” he said. “We can start together today at noon if she wants. But if she’s not, I’m grateful my colleagues are willing to stand up for Shakopee with me.”

In a statement on the Shakopee ruling, House Republican Speaker-Designate Lisa Demuth said a vote to deny Tabke his seat remains on the table as the Minnesota Constitution says: “Each house shall be the judge of the election returns and eligibility of its own members.”

Demuth added: “We will evaluate this lengthy ruling and consider options in the coming days.”

A question of what makes a quorum

Last year’s election delivered a tied House with 67 Republicans and 67 Democrats, but after a DFLer got disqualified over residency issues, Republicans currently have a one-seat majority.

They are expected to try to use their temporary advantage to elect Demuth as speaker and act as a majority — something Democrats are trying to stop by threatening not to show up for the vote.

If DFLers make good on their no-show threat it’ll deny the House quorum of 68 members needed to conduct business, per their interpretation of the state Constitution. In response, Republicans on Monday threatened to file recall petitions against members who don’t show up to the House chamber for quorum calls.

Secretary of State Steve Simon, a DFLer, said he would adjourn the House if there aren’t enough votes for speaker — also 68 in his view — meaning the House may not conduct any business on the first day.

Minnesota Secretary of State Steve Simon. (AP Photo/Adam Bettcher)

As Republicans have 67 seats to DFLers’ 66, and Democrats argue 133 members isn’t enough to move forward with business in the House like voting on bills or electing a speaker. The House has 134 seats, and under their interpretation of the Constitution that means bills need 68 votes — a majority of members.

However, that interpretation is disputed by Republicans. They say a majority means a majority of elected members, not seats. And others, including the House Clerk’s Office, have said a majority of 133 is enough to take votes.

DFLers had most of their members sworn in on Sunday, meaning they won’t have to show up on the first day if needed. Typically members swear in at noon on the first day of session, something noted in the state Constitution, and Republicans decried the move as “illegitimate.”

Senate power-sharing

Meanwhile, DFL and Republican caucuses in the Senate, which is temporarily tied 33-33 following the death of Sen. Kari Dziedzic in late December, have reached a power-sharing agreement.

Under the agreement each party will appoint a co-presiding officer for the Senate. Committee seats will be split between the parties and have co-chairs.

Democrats are expected to reclaim a majority in the Senate in a few weeks. A primary election in the DFL-dominated district is set for Tuesday, the first day of session, and the special election is on Jan. 28.

The makeup of the Senate also could be affected by the outcome and timing of the felony burglary trial of Sen. Nicole Mitchell, a Woodbury DFLer accused of breaking into her stepmother’s Detroit Lakes home last April.

Special elections

There are two special elections scheduled for Jan. 28 that will impact the balance of power in both legislative chambers. One is for the vacant Roseville House seat and the other for the Minneapolis Senate seat left vacant by Dziedzic’s death.

The Minnesota Republican Party filed a petition earlier this month to the Minnesota Supreme Court arguing that Gov. Tim Walz unlawfully called for a special election to fill the Roseville seat.

Both races will occur in heavily DFL districts.

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