St. PAUL — The Minnesota Legislature is preparing for a turbulent opening on Tuesday with House Democrats threatening to walk out and the Senate set to come in with a temporary tie and no tiebreaker.
A boycott would deprive the GOP of votes needed to take control of the House ahead of a special election that could reset a tie in the chamber. After two years of Democrats holding all three levers of power, Republicans say voters sent a message by taking down the Democratic majority in the House.
They're preparing to take the speaker's gavel and powerful chair positions saying they have the majority, even if it's temporary.
"There is no longer a tie in the state of Minnesota," House Republican Leader Lisa Demuth said Monday.
"Democrats will be coming in with 66 members," Demuth continued, versus Republicans' 67. "What that does is that gives us an organizational majority that we fully intend to exercise. We will be showing up on Jan. 14, ready to do the work that Minnesotans have sent us to the House of Representatives to do."
Control of the chamber is important because it determines what policy moves forward. And in a budget-writing year, that comes with additional leverage.
Voters sent Republicans and Democrats to the Minnesota House in a tie – 67-67 – but in the weeks since the election, Democrats lost a seat to a residency challenge. Another Democrat could be barred from taking his seat after Republicans challenged the election outcome. He won by just 14 votes in a district where 20 accepted ballots appear to have been thrown away before being counted.
Democrats threaten a walkout
Democrats say Republicans should come to the table to discuss a power-sharing arrangement for the chamber. And if they don't, they say they'll walk out on Tuesday, potentially shutting down any chance for Republicans to take the reins.
"If we have to deny quorum in order to preserve the will of the voters across the state who voted for a tie … then that's what we'll do," House Democratic Leader Melissa Hortman said. "It is simply an outrageous and illegitimate power grab by Republicans to try to do that."
Republicans haven't said whether they'd bring in law enforcement officers to round up Democratic members, which has happened in other states. But they'll pursue recall efforts for lawmakers who don't show up for the session.
Walkouts come with a risk of voter backlash, but Hortman says it's a move Democrats are prepared to take to ensure all representatives are seated and that chamber leadership represents the House makeup.
"There's a really simple choice in front of us right now, to fight or to collaborate," Hortman said. "We are here saying we're here to collaborate. We're here to work together."
Ultimately, Secretary of State Steve Simon, a Democrat, will decide what motions are in order when the House convenes on Tuesday. Per state rules, he holds the gavel until the chamber convenes and elects its leaders. If Democrats don't show up, it will be up to him to decide if there are enough votes to constitute a quorum and move forward.
He wrote a letter to legislative leaders Friday saying that based on his research, if there aren't 68 members present, he would not be able to convene the chamber.
"If there are not 68 members present, I have no authority to take any further action and will adjourn," Simon wrote.
A potential Republican-led House would have to work with Democratic Gov. Tim Walz, who's back after an unsuccessful bid for vice president, and a state Senate that's expected to be under Democratic control after a special election later this month.
Senate tied after lawmaker's death
The Minnesota Senate is operating under unexpected circumstances, too, and currently stands at a tie. A prominent Democrat died last month and another member, Democratic Sen. Nicole Mitchell, is set to stand trial on a criminal burglary charge in late January.
Mitchell is expected to be away from the Capitol during the trial and Democratic Leader Erin Murphy says Mitchell won't be allowed to vote while she's in court.
That was a source of friction last year when Mitchell posted tie-breaking votes after her arrest.
Republican leaders say they would again call for Mitchell to be barred from voting as her trial plays out and possibly afterward if a jury finds her guilty. Mitchell was arrested last year at her stepmother's house and charged for allegedly taking items that belonged to her late father, including his ashes.
She has said the incident was a misunderstanding and pleaded not guilty. She has also resisted calls to resign her Senate seat. Her trial is set to begin on January 27.
A 'quarter landed on its side'
Legislative leaders in both parties agree they're navigating unprecedented waters.
"You always hear how, well, that wasn't on my bingo card. Mine has been shredded," the House GOP Leader, Demuth, said. "I don't think that anyone could have anticipated where we are."
Hortman agreed this has been an odd series of legislative hypotheticals. Right after the election, she said, "When we flip that coin, the quarter landed on its side."
And as it's become more complicated in the weeks since, some have likened it to a movie the Coen brothers, who are Minnesota natives, might make.
Murphy, the Senate Democratic leader, says she hopes that the legislature can meet the unpredictable moment.
"This feels like a real test for us," Murphy said. "And I hope that we show each other the best of who we are."
The first day of the legislative session is scheduled for Tuesday.
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