Minnesota House Republicans file new lawsuit with state Supreme Court, marking latest development in protracted power dispute
Republicans on Thursday filed a petition to the state's highest court arguing DFL Secretary of State Steve Simon, as the presiding officer of the chamber until it's organized, has overstepped his authority in the days since the House hit the reset button late last week.
The chamber went back to square one Monday, following the justices' ruling in another case over quorum, or the minimum number of lawmakers required to conduct any House business, that nullified everything Republicans had done in the previous eight days of session without Democrats at the capitol.
DFL lawmakers have been boycotting the session to keep the GOP from acting on the one-seat majority they have — at least for now, until a special election for a vacant seat happens in March.
Every day this week, Simon has convened the House, determined no quorum is present, and adjourned. In their new filing, the GOP caucus contends that Simon's actions thwarted their constitutional authority to compel Democrats back to the capitol for session.
"We are able to compel absent members, including penalties. We attempted to make that motion four days in a row," said Rep. Harry Niska, R-Ramsey, one of the Republican leaders. "There was one version of it the first two days, another version of it the second two days and he's left us no option but to ask the Supreme Court to again intervene in his interference in our legislative branch activity."
Absent an agreement about how they will share power in the event of a tie, Democrats say they are staying away from St. Paul. Niska and GOP Leader Lisa Demuth say they want to pass a motion to fine Democrats each of the days they're not at the capitol, which so far has totalled more than two weeks, but Simon has kept them from doing so.
They point to the Constitution allowing for such a step. In the same section where it describes a quorum as a "majority of each house," the document says "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."
In a statement, DFL leaders Melissa Hortman and Jamie Long said in a statement that they hope Republicans continue discussions about a deal. Hortman and Demuth had met this week, but no further meetings are scheduled.
"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," Long said.
A spokesperson for Simon's office said they would not comment on pending litigation, but said that his position remains unchanged since the first day of session: "Absent a quorum and an organized House of Representatives, the only item in order is adjournment," she said in an email.
Are lawmakers still getting paid during this power dispute?
Lawmakers in both parties are still getting a paycheck even though the House isn't organized. That's because payment of their salaries is required by law.
Each member is paid an annual salary of $51,750, paid in equal monthly installments on the first business day of each month — though the first payments in January when a new two-year term begins are structured a little differently because the session begins mid-month.
That means during this dispute, taxpayers have paid tens of thousands of dollars in the first few weeks of session as the House remains in disarray.
What lawmakers cannot collect is any additional compensation. They can choose to get a $86 daily per diem and are allowed to be reimbursed for housing in St. Paul up to $2,200 per month. They also get money back for the miles they put on their car to get to the capitol.
Those additional payments are approved by a House resolution. But since they aren't in session, that's not possible. So neither party is getting that additional money for expenses.
GOP leaders told reporters they want to fine Democrats for each day they aren't in-person at the capitol, acknowledging they cannot withhold their pay.
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