What happens if a legislative chamber is tied?
By Briana Bierschbach
Dilatory was the word of the day Wednesday if you, like me, spent more than an hour listening to the Minnesota Senate tangle over a fairly simple question: is state Sen. Nicole Mitchell currently a member of the Senate DFL caucus?
Republicans were trying to get to the bottom of that to back up their argument that the Minnesota Senate is now technically a chamber divided 33-33-1, with two minority caucuses and a caucus of just Mitchell after DFLers announced she was removed from caucus meetings following her arrest.
If that was indeed the case, Republicans wanted there to be equal numbers of GOP and DFL members seated on some committees, per chamber rules.
Republicans asked three different members, including Mitchell, whether she was currently a member of the DFL caucus. Mitchell responded “no thank you” to whether she would yield for a question. Senate Majority Leader Erin Murphy said multiple times that Mitchell is no longer participating in caucus meetings and confirmed to reporters afterward that she’s still a member of their caucus.
Democrats accused Republicans of using procedural delay tactics (see: dilatory) and rejected several motions on a 34-33 vote, with Mitchell voting with all other Democrats.
Speaking to reporters after Thursday’s floor session, Senate Minority Leader Mark Johnson indicated the GOP caucus might seek a ruling from a higher authority. Asked who that might be, Johnson said there are three branches of government. Asked if he might file a lawsuit, he said, “We’ll see.”
Flashback: a tied legislative chamber isn’t unprecedented. In 1979, the House was equally divided between Independent Republicans and DFLers and the two sides had to work out a deal that gave the IR Party the speakership, while the DFL won the gavels in the powerful rules, taxes and appropriations committees. Given Murphy’s comments and the Senate DFL’s ability to consistently get 34 votes this week, that doesn’t seem like a likely scenario.