Minnesota House GOP, Secretary of State Steve Simon return to Supreme Court

Minnesota House Republicans return to the state Supreme Court on Thursday, asking justices to help them compel the absent Democrats to the chamber, suspend their salaries or impose fines.

The justices will hear oral arguments for about an hour in the ongoing dispute over which party will have control of the House for the 2025 and 2026 legislative sessions. It’s the latest legal maneuver by the 67-member Republican caucus to try to get the DFLers to show up at the Capitol.

The DFL has been boycotting the 134-member chamber since the session started Jan. 14. After the 2024 election, the two parties were tied at 67 members each. Republican Leader Lisa Demuth of Cold Spring and DFL Leader Melissa Hortman of Brooklyn Park had worked out a power-sharing agreement, pledging a bipartisan session of cooperation.

That was tossed aside in late December when a Ramsey County judge voided the election of Curtis Johnson to a Roseville-area seat because he lived in Little Canada, which is outside the district. Demuth and the GOP declared victory, said the power-sharing agreement was no longer necessary and that they would control the House for the next two years.

The partisan split is currently 67 Republicans and 66 Democrats, but the parties are expected to be tied after a special election in March to fill the Roseville seat.

Here’s what to know about the upcoming Supreme Court hearing.

What’s happening Thursday?

Attorneys for House Republicans and Secretary of State Steve Simon will make arguments to the seven justices on whether Simon must allow GOP members to make motions from the House floor.

Why is Simon involved?

As secretary of state, Simon’s duties include convening the state House at the beginning of the legislative session.

Didn’t the session start last month?

Yes, it was supposed to. But after the power-sharing talks broke down, the DFL has boycotted the Capitol. Republicans are trying to force them to attend through various means, including this petition to the state’s high court.

Do the Republicans have a quorum?

No. In a ruling last month, the Supreme Court said that 68 members are needed for a quorum. That decision voided all organizing attempts and commitee meetings Republicans had conducted in January.

Is the House still meeting?

Yes, Republicans show up in the House chamber on most days. Simon ascends to the podium in the front of the chamber. With only the 67 Republicans in the chamber, Simon declares there is no quorum to conduct official business, hits the gavel, adjourns the body and everyone leaves. “He has seized control of the House and shut it down,” the Republicans’ petition reads.

What do Republicans want?

Rep. Harry Niska, R-Ramsey, wants Simon to call on him to make a motion from the House floor to “compel the attendance of absent members.” Niska’s also seeking to dock the salaries of absent members or to fine them and refuse their per diem payments for the entire two-year session. Legislators are entitled to a per diem for travel, lodging and food on top of their $51,750 annual salaries.

Can they do business without a quorum?

Republicans say that yes, the state Constitution is “perfectly clear” that some actions are valid even without a quorum. Although a majority of the chamber is required to conduct business, “a smaller number may adjourn from day to day and compel the attendance of absent members in the manner and under the penalties it may provide.”

What does Simon say?

State Solicitor General Liz Kramer, arguing in a motion filed on behalf of Simon, said that the secretary of state had not been presented with any motions and that if he had been, he wouldn’t have acknowledged them because of the lack of quorum.

As for the “compel clause” cited by the Republicans, Kramer said it doesn’t apply until the House is organized and it can’t be organized with just 67 members. “For example, the House rules indicate that the sergeant-at-arms would be the person to carry out any directive to round up members,” she wrote. “But no sergeant-at-arms is elected until there is a quorum and officers are chosen.”

Are the DFL and GOP trying to work out a deal?

Yes and a deal could come at any moment. Party leaders have been meeting behind closed doors but have yet to reach an arrangement.

When will the court decide?

We don’t know, but expect one no later than Friday given how fast the court has moved on other recent House disputes.

Will all seven justices decide the case?

Yes. Justice Karl Procaccini recused himself from previous decisions involving Gov. Tim Walz’s decision to call a special election, but he will be on the bench for this one Thursday.

How to watch the court in action?

Arguments are scheduled to begin at 10 a.m., and a livestream is available on the court’s website.

Staff Writers Briana Bierschbach and Ryan Faircloth contributed to this report.