SAINT PAUL, Minn. – The House DFL Party files a lawsuit asking the Minnesota Supreme Court to declare Republicans acted unlawfully when they organized the Minnesota House of Representatives, elected a Speaker of the House and took other actions in the absence of 68 State Representatives being present which they say is state law.
“Republicans have stated their intent to use a two-week, one-seat advantage to kick out duly elected DFL state Representative Brad Tabke. Representative Tabke’s victory was established on election night, confirmed in a recount, and confirmed again in a court ruling in response to Republicans’ election contest lawsuit. Republicans are going to extreme and unprecedented lengths to seize power that the voters did not give them, and Democrats will fight their unlawful, unconstitutional actions every step of the way,” DFL Speaker Designate Melissa Hortman said.
On the first day of session Tuesday, Minnesota Secretary of State Simon presided over the House, declared 67 members were present which did not constitute a quorum and adjourned for the day. Republicans then had State Rep. Paul Anderson of Starbuck preside over the House and elected State Representative Lisa Demuth of Cold Spring as Speaker of the House.
Democrats argue Republicans haven’t agreed to a power sharing agreement in the House. The chamber could be tied at 67 seats apiece after a January 28 special election for a Roseville area seat if a Democrat wins. A judge ruled DFLer Curtis Johnson, who won the election, didn’t meet residency requirements.
“It’s interesting that an entire caucus would not like the math of the fact that we have 67 and they have 66 right now and they decided they would not show up for work,” Demuth said.
A judge declared Tabke the winner of a Shakopee area State House seat after the Republican Party of Minnesota filed an election contest over 21 missing votes. The judge says Tabke remains the candidate with the most votes legally cast in the district, the election is not invalid and an injunction or special election is not warranted or ordered. Tabke beat Republican Aaron Paul by 14 votes.
Scott County officials said the ballots were likely thrown away and likely won’t be recovered.
“As much as they say it’s about this case about the thrown away ballots that we weren’t going to seat that person, it’s not. It’s about the fact that they were coming in at 66 until a special election takes place and, in their minds, didn’t want us to organize,” Demuth said.
