Republicans file new lawsuit over Minnesota House standoff
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A new lawsuit over the House standoff asks the Minnesota Supreme Court to give Republicans help in “ending the constitutional crisis and restoring a functioning Legislature” during a now two-week-old boycott by Democrats.
Leaders of the House GOP filed their petition Thursday after a week of in-and-out floor sessions. Secretary of State Steve Simon has quickly ended sessions after declaring the lack of 68 members to do work — the quorum standard affirmed last week by a brief Supreme Court ruling.
The petition contends that Simon has “utterly flouted” the duty of allowing efforts to compel attendance.
“Simon has engaged in this violation of the separation of powers without a shred of legal justification,” the case reads.
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In last week’s decision, the high court sided with DFLers that 67 members — the full caucus for Republicans — wasn’t sufficient to do business.
Democrats, who have 66 seats now, say they won’t return without assurances over how to share power if a forthcoming special election brings the House to a 67-67 tie. There is also a dispute over seating of a DFL member.
The Republican case says their efforts to force a return to the Capitol by Democrats have been squelched. Simon has struck his closing gavel without recognizing Rep. Harry Niska, a GOP floor leader.
"We initiated legal action against Secretary Simon and the Minnesota Supreme Court, asking the Minnesota Supreme Court to tell him that he is exceeding his authority as an executive branch official, as a ceremonial presiding officer, by not recognizing those of us who are here," Niska said Thursday.
Niska has sought to be recognized to introduce a resolution to cut pay for Democrats who have not been showing up to the statehouse.
House DFL Leader Melissa Hortman issued a statement accusing Republicans of stonewalling negotiations.
“I was at the Capitol ready to negotiate at 9:00 a.m this morning, but Representative Demuth refused to meet with me,” she said, referring to the top House Republican, Lisa Demuth. “ I’ll be at the Capitol ready to negotiate at 9:00 a.m. tomorrow as well, and I hope she will join me.
Demuth insists she is willing to negotiate.
“I’m available [Friday], and I’ve made that very clear,” Demuth said. “If she has something that she wants to talk about in a serious offer, I’m willing to have that conversation.”
The Supreme Court justices have yet to detail their reasons for deciding the quorum standard but not ordering any specific action beyond that. Justices sounded uncomfortable wading into the matter in the first place and refrained from granting an order that had a set of directives. Instead, they said they would leave it out for lawmakers to determine next steps.
Republicans gained a one-seat advantage after a Democratic election winner was found to be ineligible due to a residency violation. The special election for that Roseville/Shoreview-area seat has yet to be scheduled, but the district favors Democrats.
Another seat is also at issue. DFL Rep. Brad Tabke won his Shakopee race by 14 votes, a narrow victory upheld during a recount and a court case. Republicans point to an absentee ballot irregularity and note that the House can determine its own membership.
Their refusal to assure Tabke will remain in office is part of the DFL justification for staying away. If a vote on his status is called, Tabke wouldn’t be able to vote on his own behalf.