House DFL Continues Capitol Boycott, Supreme Court Hearing Today

January 23, 2025

DFL House members have yet to return to the Minnesota State Capitol, saying that they will not come back until Republicans consent to a power-sharing agreement. Meanwhile, Republicans claim DFL members are ignoring their duties by staying away and have decided to legislate without their DFL colleagues. 

The 2024 election initially resulted in a 67-67 tie between Republicans and DFL representative-elects, a judicial ruling determined that the DFL representative-elect in House District 40B (Roseville area) was ineligible because he did not live in the district, reducing the number of DFL members elected to 66. The date for a special election for that seat is still pending. 

Earlier today (January 23), the Minnesota Supreme Court heard separate arguments from the Secretary of State’s office and the Minnesota DFL alleging that House Republicans illegally overrode the Secretary of State’s role as presiding officer for the first day of session. They have argued Republicans went on to form an illegitimate legislative body because they did not have a quorum of members present, which DFLers argue is 68 votes. Republicans have defended their actions arguing their 67 members meets a quorum, given there are currently only 133 eligible members. 

There are typically 134 members of the Minnesota House of Representatives. In the 2024 election, 67 DFL and 67 Republicans were elected to serve in St. Paul. However, the resignation of former Representative-elect Curtis Johnson tipped the balance of power, bringing the DFL member count to 66. Johnson, a DFL candidate who won House District 40B, resigned in December after it was discovered that he did not legally reside in the district, violating his eligibility to hold the office. 

To fill the 40B seat, Gov. Tim Walz called a special election for January 28. However, in a decision last week, the Minnesota Supreme Court ruled that Walz called a special session prematurely, saying that the governor can only call a special election after the legislative session begins and a vacancy is clear. A special election for the open seat is not expected until March. 

The Supreme Court’s ruling at today’s hearing should determine whether a power-sharing agreement can be reached quickly, or whether the boycott continues until the special election in March. 

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