Breaking down week three of the capitol session stalemate
The desks of democratic members of the Minnesota House of Representatives sit empty during the first day of the legislative session at the State Capitol in St. Paul on Jan. 14.
Ben Hovland | MPR News
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On Monday afternoon the Minnesota House will be back in order. But it’s more of a restart than a continuation of session business.
That’s because the Minnesota Supreme Court decided last week that Republicans didn’t have enough members present to do anything — with Democrats still staging their boycott. While talks have resumed between party leaders, action on state policies and the budget is on pause for now.
MPR News correspondent Peter Cox joined the program live from the capitol for a breakdown of what’s next for the session.
Use the audio player above to listen to the full conversation.
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We attempt to make transcripts for Minnesota Now available the next business day after a broadcast. When ready they will appear here.
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Audio transcript
NINA MOINI: In just a few hours, the Minnesota House will be back in order. But it's more of a restart than a continuation of session business. That's because the Minnesota Supreme Court decided last week that Republicans did not have enough members present to do anything, with Democrats still staging their boycott. While talks have resumed between party leaders, action on state policies and the budget is on pause for now. Peter Cox joins me now from the capitol with the latest. Thanks for being here, Peter.
PETER COX: Hi, Nina.
NINA MOINI: So usually, we'd be seeing a lot of activity, hearing rooms, hallways at the capitol when the legislature is in session like it is. What is it looking like right now?
PETER COX: It's a little quieter. There were back-to-back House Committee meetings scheduled for this morning. All of those were canceled. The hearing rooms were empty and dark when I went up to check on them. The House is due to convene for a floor session at 3:30 this afternoon.
NINA MOINI: So we'll see what happens then. Can you remind us what the Supreme Court did on Friday and what the ramifications are?
PETER COX: Yeah, so the court ruled that for a quorum, the minimum attendance, there must be a majority of the 134 seats accounted for, or 68 representatives. Now, Republicans had just 67 present, as Democrats hold out. There is one seat vacant. And that will not get filled until March at the earliest.
So this morning, the House's top Republican conceded that they're basically starting fresh. Here's what representative Lisa Demuth had to say.
LISA DEMUTH: From the Supreme Court and their decision, unfortunately, the work that was done over the last two weeks, even though it was great basic, foundational work that we will build on, we do need to start over. And we understand that.
NINA MOINI: So, Peter, are DFL and Republican leaders then in the House getting any closer on an agreement to how to get moving?
PETER COX: I mean, I guess you could say a little closer. Party leaders on both sides say they are meeting. And they hope to come up with some agreement soon. But it's clear there's still some major sticking points here.
NINA MOINI: And what are those talks about?
PETER COX: Well, Nina, because Republicans have more members right now than Democrats, they argue they should be in charge. But Democrats say voters chose an even 67-67 split. Democrats acknowledge they are a member short. They just want to preserve the right to reorganize under a shared leadership model after the special election. Representative Jamie Long, a DFL leader, spoke to Morning Edition this morning about that.
JAMIE LONG: We've said that until the special election in mid-March, we are very happy to let the Republicans be running the chamber. That is the position that the Senate GOP and Senate DFL agreed to, that when there is a temporary majority, then they are able to be in charge of the chamber. But when we are back to a tie, we should cogovern.
PETER COX: So, Nina, there is also that continuing dispute over whether a DFL lawmaker who won a very close race, Brad Tabke of Shakopee, should keep his seat. Republicans argue that irregularities should leave the seating up to the full House. They have not ruled out removing Tabke.
NINA MOINI: So fast-forward to when the House convenes at 3:30 today. What are you expecting?
PETER COX: So Secretary of State Steve Simon will preside, just as he did on the first day. Republicans say they'll be there. Democrats are not committing to attending. If that's the case, there will be no quorum. And this state of limbo will continue.
NINA MOINI: OK. So over in the Senate, I understand that there's a new development there too. They've been in a party tie for the past two weeks. What's going on over in the Senate?
PETER COX: So Republicans are again making an issue of DFL Senator Nicole Mitchell's presence. You may recall that the first-term Woodbury lawmaker was charged with burglary in April, after an incident at a Detroit Lakes home of her step mother. Now, Mitchell has denied wrongdoing. A trial for that was supposed to start today, but that's been postponed until May or later, after Mitchell invoked a legislative privilege. The GOP says she shouldn't be able to keep serving and are pushing to have her expelled. But that would take 45 votes, meaning 12 DFLers would have to join all of the Republicans.
NINA MOINI: And the Senate is in a tie as well?
PETER COX: Yes, but that could end soon. There's a special election tomorrow in Minneapolis to fill a seat opened by the death of a lawmaker last month. Democrats are heavily favored, given the district's complexion. That would give them an outright majority and the ability to end this power sharing agreement.
NINA MOINI: All right. Thanks for staying on top of that for us, Peter.
PETER COX: You're welcome, Nina.
NINA MOINI: That's Peter Cox, live from the capitol.
PETER COX: Hi, Nina.
NINA MOINI: So usually, we'd be seeing a lot of activity, hearing rooms, hallways at the capitol when the legislature is in session like it is. What is it looking like right now?
PETER COX: It's a little quieter. There were back-to-back House Committee meetings scheduled for this morning. All of those were canceled. The hearing rooms were empty and dark when I went up to check on them. The House is due to convene for a floor session at 3:30 this afternoon.
NINA MOINI: So we'll see what happens then. Can you remind us what the Supreme Court did on Friday and what the ramifications are?
PETER COX: Yeah, so the court ruled that for a quorum, the minimum attendance, there must be a majority of the 134 seats accounted for, or 68 representatives. Now, Republicans had just 67 present, as Democrats hold out. There is one seat vacant. And that will not get filled until March at the earliest.
So this morning, the House's top Republican conceded that they're basically starting fresh. Here's what representative Lisa Demuth had to say.
LISA DEMUTH: From the Supreme Court and their decision, unfortunately, the work that was done over the last two weeks, even though it was great basic, foundational work that we will build on, we do need to start over. And we understand that.
NINA MOINI: So, Peter, are DFL and Republican leaders then in the House getting any closer on an agreement to how to get moving?
PETER COX: I mean, I guess you could say a little closer. Party leaders on both sides say they are meeting. And they hope to come up with some agreement soon. But it's clear there's still some major sticking points here.
NINA MOINI: And what are those talks about?
PETER COX: Well, Nina, because Republicans have more members right now than Democrats, they argue they should be in charge. But Democrats say voters chose an even 67-67 split. Democrats acknowledge they are a member short. They just want to preserve the right to reorganize under a shared leadership model after the special election. Representative Jamie Long, a DFL leader, spoke to Morning Edition this morning about that.
JAMIE LONG: We've said that until the special election in mid-March, we are very happy to let the Republicans be running the chamber. That is the position that the Senate GOP and Senate DFL agreed to, that when there is a temporary majority, then they are able to be in charge of the chamber. But when we are back to a tie, we should cogovern.
PETER COX: So, Nina, there is also that continuing dispute over whether a DFL lawmaker who won a very close race, Brad Tabke of Shakopee, should keep his seat. Republicans argue that irregularities should leave the seating up to the full House. They have not ruled out removing Tabke.
NINA MOINI: So fast-forward to when the House convenes at 3:30 today. What are you expecting?
PETER COX: So Secretary of State Steve Simon will preside, just as he did on the first day. Republicans say they'll be there. Democrats are not committing to attending. If that's the case, there will be no quorum. And this state of limbo will continue.
NINA MOINI: OK. So over in the Senate, I understand that there's a new development there too. They've been in a party tie for the past two weeks. What's going on over in the Senate?
PETER COX: So Republicans are again making an issue of DFL Senator Nicole Mitchell's presence. You may recall that the first-term Woodbury lawmaker was charged with burglary in April, after an incident at a Detroit Lakes home of her step mother. Now, Mitchell has denied wrongdoing. A trial for that was supposed to start today, but that's been postponed until May or later, after Mitchell invoked a legislative privilege. The GOP says she shouldn't be able to keep serving and are pushing to have her expelled. But that would take 45 votes, meaning 12 DFLers would have to join all of the Republicans.
NINA MOINI: And the Senate is in a tie as well?
PETER COX: Yes, but that could end soon. There's a special election tomorrow in Minneapolis to fill a seat opened by the death of a lawmaker last month. Democrats are heavily favored, given the district's complexion. That would give them an outright majority and the ability to end this power sharing agreement.
NINA MOINI: All right. Thanks for staying on top of that for us, Peter.
PETER COX: You're welcome, Nina.
NINA MOINI: That's Peter Cox, live from the capitol.
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