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Minnesota House Democrats were sworn into office Sunday evening in a
private ceremony at the Minnesota History Center, a “covert” move that Republicans criticized as illegitimate.

The swearing-in is the latest twist in a contentious run-up to the 2025 legislative session, which House Democrats are promising to boycott for
several weeks without a power-sharing agreement with Republicans.

DFL Leader Melissa Hortman said in a statement that they wanted to make
sure their members were “properly and legally sworn in” if they don’t show up for the session on the first day, Tuesday. Members are typically
sworn into office as the legislative session convenes.

“Any attempt to subvert that is illegitimate,” said GOP Leader Lisa
Demuth, responding to the news Sunday that Democrats had secretly sworn
in their members. “This move is a slap in the face to the institution
and to every voter who expects their elected officials to act in good
faith and uphold the integrity of the legislative process.”

Democrats lost three seats in the state House in the fall election,
leaving the chamber tied 67-67. But Republicans successfully challenged
in court the residency of a Democrat who won a Roseville-area seat,
leaving the chamber with a 67-66 GOP edge pending a special election on
Jan. 28.

The two parties were negotiating a power-sharing agreement until
December, when Republicans said the shift gave them the power to elect a speaker of the House and appoint members to committees. Democrats said
they won’t show up for the first day of session without a power
agreement to deny Republicans the 68 votes needed for a quorum.

“We would like Republicans to honor the will of the voters,” said
Hortman. “We’re working to successfully conclude negotiations with House Republicans and remain hopeful that we will have a power-sharing
agreement before Tuesday.”

Minnesota Secretary of State Steve Simon, who must serve as the House’s presiding officer on the first day, has said he will adjourn session
Tuesday without a quorum of 68 members. Republicans argue 67 members
will constitute a quorum and asked Simon in a letter Monday to reverse a “deeply flawed and dangerous course of action.”

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Minnesota House Democrats sworn into office early as they prepare to
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Why are some skiers and snowboarders hiking up Buck Hill and Spirit
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Democratic members were sworn in over the weekend by retired Hennepin
County Judge Kevin Burke. Hortman said there’s some precedent for
holding the ceremony outside the Capitol on a day other than the first
day of the session, though not for an entire caucus.

One of the members sworn in was DFL Rep. Brad Tabke, whose 14-vote
victory in a Shakopee House seat is being challenged in court by
Republicans over questions about 20 missing absentee ballots in one
precinct.

Republicans want the court to declare a vacancy in the seat, requiring a special election to be called. Dakota County Judge Tracy Perzel has had
the case under consideration for weeks but has yet to rule.

Paul’s lawyer, R. Reid LeBeau II, called Tabke’s actions performative
and “a direct attack on this court and its authority to decide the
current action, which presumably, this court intends to rule on imminently.”

LeBeau asked the judge to consider holding Tabke in contempt of court.
“While Mr. Tabke’s actions to be putatively ‘sworn in’ have no legal significance, it is disturbing that Mr. Tabke may have viewed his
‘swearing in’ as legitimate, in which case it was not just a direct
attack on this Court, but also a direct attack to circumvent Minnesota
law,” LeBeau wrote in the letter.

Tabke’s lawyer, David Zoll, filed a written response, saying the court’s authority on the issue is merely advisory and that it was appropriate
for the DFLer to take the oath and be seated until the contest is
decided. Zoll’s letter pointed out that former Republican state Rep.
Robert Pavlak served four months in the House before he was removed in
May 1979 after a state Supreme Court ruling. He was unseated on a 67-66
vote.

Additionally, Republicans have started a pressure campaign against
Democrats, running ads in vulnerable members’ districts and promising to
seek recalls against anyone who doesn’t show up at the start of session.

At a Capitol news conference Monday, Republican Party Chair Alex
Plechash and lawyer Ryan Wilson say they need to initially collect 25 signatures for each petition to submit to the state Supreme Court. If
the court determines the grounds are valid, then it will turn over the petitions to a special master for review.

“We are committed to holding every legislator responsible,” Plechash
said. “If you don’t show up for the job, you shouldn’t keep it.”

If the DFLers don’t show, Wilson said they will be seeking to recall legislators for “nonfeasance.”

The process won’t be swift.

If the Supreme Court determines the petitions can go forward, then they
are turned over to a special master for review expected to take no more
than 50 days. If the special master and the court greenlight the
petitions, Republicans will have 90 days to collect additional
signatures to continue, Wilson said.

The petitioners will have to obtain the signatures of 25% of the number
of voters in the most recent general election in each district. Wilson
said that’s about 6,000 signatures per district.

The Republicans say they will pursue the petitions even if the DFLers
show up for work later.

Meanwhile, the temporarily tied Minnesota Senate struck a power-sharing agreement on Sunday. The chamber is tied 33-33 following the death of
DFL Sen. Kari Dziedzic. A special election to replace Dziedzic in her
DFL stronghold is also set for Jan. 28.

Until Democrats have 34 votes again, they’ve agreed to split control
with Republicans, holding equal power on committees and sharing control
of the Senate floor.

“The temporary 33-33 tie in the Senate posed unique challenges for the
body and required a unique solution,” said DFL Senate Leader Erin Murphy.

“Under these terms, we can begin the work of 2025, avoid gridlock, and
uphold the best of this institution.”

Senate GOP Leader Mark Johnson said the agreement is an “opportunity to
build trust and respect as we navigate these circumstances.”

https://www.startribune.com/minnesota-house-democrats-sworn-into-office-early-as-they-prepare-to-boycott-the-legislative-session/601204945

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