ST. PAUL — House Republicans announced Thursday a petition to the Supreme Court against Secretary of State Steve Simon, saying he is neglecting to hear their motions on the floor throughout the first weeks of the legislative session.
Republicans argue in the petition , announced during the House floor session on Thursday, Jan. 30, that Simon is overstepping his authority as presiding officer of the House.
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As Democrats boycott, Minnesota law designates the secretary of state — in this case, Simon — to oversee the House until a speaker is elected. Every day so far that he has overseen the House, Simon has called roll, announced that there is not a quorum present and adjourned the House. During a few of these floor sessions, Republicans have attempted motions to halt Democrats' salaries or compel their attendance , but Simon adjourned before the motions could be heard.
Republicans ask in their petition for the court to declare that “Simon has no authority to adjourn the House without a motion and vote of a majority of the Members present, regardless of whether those Members constitute a quorum.”
Republicans argue that regardless of a quorum, they have a right for their motions to be heard on the floor by Simon. The Minnesota Supreme Court on Friday, Jan. 24 sided with House Democrats and Simon, agreeing that 68 members constitute a quorum. There are 67 Republican members of the chamber.
“Today was the fourth day in a row in which Secretary of State, Simon, as presiding officer ... has not recognized me to make a motion,” Rep. Harry Niska, R-Ramsey, said on Thursday. “We have had motions at the desk every single day that are specifically within the power of a lesser number than a quorum, to do under the Minnesota Constitution.”
The petition cites Minnesota’s constitution, Article IV, Section 13 which reads, “[a] majority of each house constitutes a quorum to transact business, but 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.”
While Republicans acknowledge last week's court ruling renders them unable to introduce bills or hold committees while Democrats are boycotting, some Republicans have said they would like to initiate penalties — like stopping pay — for legislators who are absent.
“Instead of spending even more time and money on lawsuits initiated by Rep. Harry Niska’s law firm, House Republicans should join us in negotiations to reach a power-sharing agreement that honors the will of the voters,” Jamie Long, DFL-Minneapolis said following the announcement of the suit.
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Niska confirmed on Thursday that his law firm would be representing House Republicans, and said Republican campaign funds are "likely" to pay for the legal action.
After Thursday’s floor session, Leader Lisa Demuth, R-Cold Spring, said she had not been in contact with Leader Melissa Hortman, DFL-Brooklyn Park, regarding power-sharing negotiations but that she is open to conversation if Hortman “actually has something to offer.”
“I was at the Capitol ready to negotiate at 9:00 AM this morning, but Representative Demuth refused to meet with me,” Hortman said in a statement Thursday. “I’ll be at the Capitol ready to negotiate at 9:00 AM tomorrow as well, and I hope she will join me. The voters delivered a Minnesota House of Representatives where neither party has a majority. The only way the Minnesota House will function is if we work together. Democrats are asking Republicans for something very simple: to honor the will of the voters in Shakopee and statewide.”
Simon’s office said Thursday that his office does not generally comment on pending litigation but that his position has not changed since sending letters to House leaders on Jan. 10 and Jan. 13. In the letters, posted to the Secretary of State's website, Simon says that without a quorum and an organized House of Representatives, the only item in order is adjournment.
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