Preview: Minnesota’s 94th legislative session

[MUSIC PLAYING] NINA MOINI: Our top story this afternoon, 24 hours remain until Minnesota lawmakers will begin the 94th legislative session. And there's a lot that's still not resolved between the DFL and Republicans, whose 67 to 67 tie in the House of Representatives has turned into a bit of a mess. Democrats lost a seat to a residency challenge, and another is in question as a court challenge is ongoing.

It's not clear whether Democrats in the House will even show up tomorrow, and leaders in that chamber are at an impasse over a power-sharing agreement. MPR politics reporter Dana Ferguson joins me in the studio now to explain the latest. Oi-oi-oi. [LAUGHS]

DANA FERGUSON: Yeah, I'll do my best here.

NINA MOINI: This session hasn't even started. This doesn't sound like a great way to kick things off, Dana, but can you talk a little bit about some of the updates that were occurring over the weekend if people weren't following? I understand Democrats had a private swearing-in ceremony yesterday. Why, I wonder?

DANA FERGUSON: Yeah, that's right, Nina. Democrats announced last night that they'd held this private swearing-in ceremony at the History Center. They said they're still hopeful that they can get a power-sharing deal with Republicans, but they felt like they needed this option in case they need to no-show the first day of session tomorrow. Judge Kevin Burke, who administered the oath to DFLers, put it this way.

KEVIN BURKE: I have sworn in many public officials over the years that I've been on the bench since 1984. Frankly, it's a little bit like calling up a judge and saying, would you do a wedding for me on Sunday night?

DANA FERGUSON: [CHUCKLES] Yeah, so while it didn't seem especially unique or special to him, it's worth noting that there hasn't ever been a situation like this before, where an entire caucus has been sworn in ahead of the start of the legislative session, and especially in a way like this, where it was secret and without any notice to press or members of the public.

NINA MOINI: How have Republicans responded to that?

DANA FERGUSON: Yeah, they've raised a lot of questions about whether this ceremony was legal or valid. They've called it a tactic for Democrats to evade going to work tomorrow. Here's House GOP leader Lisa Demuth.

LISA DEMUTH: I think that was a little shocking. It was absolutely unprecedented. And if they were proud about the work that they were doing, the things they were doing, they would have done that publicly. Tomorrow, on the 14th, at noon is when we will be sworn into office. We will take that oath and move forward for the people of Minnesota and do the work we are expected to do.

DANA FERGUSON: Earlier today, members of the Republican Party said they're going to pursue recall efforts against Democrats if they opt not to show up tomorrow. I should mention that's a pretty involved process. They would have to gather a lot of signatures from voters in the districts of the lawmakers that they're looking to recall. The Supreme Court needs to get involved to review the facts and determine if those situations can move forward. So it could be a long process, and we're just following this thing as it goes.

NINA MOINI: Sure. So how much can Republicans actually get done or move forward on policy making if the Democrats don't show up?

DANA FERGUSON: It's a little bit hard to tell. It's an open question at this point. Secretary of State Steve Simon is set to preside over the House tomorrow as members get organized. And he said that he views 68 votes as the threshold for a quorum. That's important because it means that 68 members need to be in the chamber. Otherwise, they can't really proceed with any business. They can't do motions or elect a speaker.

He was going to meet with Republicans today to see if he would maybe shift his opinion there. If only Republicans show up, they have 67 votes, so short of that threshold. So not a whole lot they can do. They could potentially hold news conferences or mock committee hearings, but not a ton of official business they can really conduct on their own.

NINA MOINI: They can really be stuck, it sounds like. So what have Democrats said about why they thought this move to swear in early was necessary?

DANA FERGUSON: Yeah, they've said they don't want to be in this position, but they feel a little bit stuck. Republicans have said they're leaving the option open to refuse to seat DFLer Brad Tabke, since they still have questions about that Shakopee area race. As you'll recall, he won by 14 votes, but 20 ballots were cast, never counted, and then thrown away.

So Republicans have real qualms about what went on there. They want to ensure that folks feel confident about elections and the fact that they're conducted fairly. Democrats have said they are really worried about Tabke not getting seated and the precedent that that could set. So here's what House DFL leader Melissa Hortman said about this earlier today.

MELISSA HORTMAN: Once the speaker election is done, it cannot be undone when we return to a tie. So the only negotiating power we have is right now, and that is to deny a quorum. It is certainly not our preferred course of action.

DANA FERGUSON: Hortman says she and Demuth are meeting later today, so there could be some sort of agreement struck that could prevent that walkout.

NINA MOINI: And tell us a quick, Dana, what is the latest with that Shakopee case and situation?

DANA FERGUSON: Yeah, we're all waiting on a ruling from Judge Tracy Purcell that could come, literally, at any moment. She's expected to weigh in before lawmakers convene tomorrow so she can determine if there needs to be a special election in that district, if Tabke can be seated, or another option that we haven't learned about yet.

NINA MOINI: So the two House leaders told MPR that they're planning to meet again and negotiate this afternoon. What are the possible scenarios there if they reach a deal or if they don't reach an agreement?

DANA FERGUSON: Yeah, there's a possibility that they do reach a deal on a power-sharing agreement. They were getting close to that last month before the residency challenge changed the course. That could mean that there's shared custody over the speaker's gavel, over committees, equal representation there. And if they are able to get some sort of deal that would allow them to move forward tomorrow and into session in a more typical manner than what we're seeing right now--

If they can't reach that, Democrats have said that they're not going to show up at the capital tomorrow. And that means Republicans likely wouldn't have enough votes there to really do anything. So they're pretty dug in, it sounded like this morning when they talked to Brian Bakst, our editor. So we'll just have to wait and see.

NINA MOINI: Yeah, lots of things are in flow and changing. Another thing that happened, of course, is the Senate also has this temporary tie after the passing away of Senator Kari Dziedzic. And they have a plan to share power until there's a special election for that seat. Correct? So is that plan holding up any better in the Senate than what's going on in the House?

DANA FERGUSON: It seems to be. The leaders, Republicans and Democrats, in that chamber put out this agreement late last night. And as of earlier this morning, it sounds like they're ready to abide by it. They're confident that they can get their work done under this agreement. And then things might shift after they get a 67th member in the chamber later this month.

NINA MOINI: And of course, this is all very theatrical. We're following it moment by moment. But this really impacts all of us. What are lawmakers actually trying to get done this year, Dana? What's on their list of things to hit?

DANA FERGUSON: Yeah, Nina, they have to pass a two-year state budget. They have until July 1 to do that. If they can't reach an agreement by then, there could be a state government shutdown. They could also take up a capital investment bill known as a bonding bill. They weren't able to pass one before the deadline last year, so folks are concerned about that getting accomplished.

And we could also see some tweaks for Minnesota's legal cannabis marketplace, paid family medal-- oh, my goodness. Paid family and medical leave program set to get up and running next year. So they do have a lot of work that could come before them. We'll see if they can get it all done before their deadline.

NINA MOINI: Lots of work for you before they even get started with the session. Thank you so much for being here, Dana.

DANA FERGUSON: Thanks, Nina.

NINA MOINI: That's Dana Ferguson, our politics reporter for MPR News.