Minnesota Legislature Officially in Session
At The Capitol – Week 1
The 2025 legislative session convened at noon on Tuesday, January 14 and Minnesota’s political landscape continues to shift. Previous power sharing agreements, special elections, court challenges and boycotts made up the past few weeks leading up to a historically challenging start of a new legislative biennial cycle.
House of Representatives: HD 40B and HD 54A
The power sharing agreement initially made last November between House Republican leader Lisa Demuth (R-Cold Spring) and House DFL leader Melissa Hortman (D-Brooklyn Park) came into question after a judge ruled in late December that DFLer Curtis Johnson had not met the residency requirement for House District 40B (Roseville) and he as a legislator. Johnson declined to challenge the district court ruling thereby giving Republicans a one-seat majority (67-66) heading into the opening of the 2025 session.
Governor Walz called a special election for 40B to be held on January 28, but last Friday a judge ruled that Walz erred on the timing of calling the special election and it now appears it won’t take place until March 5.
Further complicating House matters are the election results in House District 54A (Shakopee), where DFL incumbent Brad Tabke lead by 15 votes on election night, despite county elections officials inadvertently discarding 20 ballots that were never counted. The GOP candidate challenged the election results and finally, on the morning of the start of the 2025 session, the judge issued a ruling saying Brad Tabke’s election night victory stands.
Tabke’s seat is the real source of the drama in the House and House Republicans have said they plan to deny Tabke’s election certificate due to the ballot counting discrepancies and force a special election in 54A. The state constitution gives the House members broad authority over the membership of the House. Unseating a member due to ethical or criminal behavior is understood, but denying a seat based on election results involving human error would likely find its way to the state Supreme Court.
Opening Day
In an effort to stop the 67 GOP members from organizing the House, all 66 members of the House DFL caucus boycotted the first week of session, arguing that the previously made power sharing agreement should be honored and Tabke should be seated. The DFL claim is in part due to their assumption that 40B will eventually be filled with a DFL member, which is likely true given the voter index in that district.
As prescribed by law, Secretary of State Steve Simon gaveled the House to order on opening day, but he attempted to adjourn the assembly arguing there were not enough members present for a quorum. After Simon walked away from the Speaker’s rostrum, Rep. Paul Anderson (GOP Starbuck) approached the rostrum and assumed the Speakership as state law prescribes that in the absence of the constitutional officer (Simon) the oldest serving member of the House becomes the Speaker (Anderson in this case). Anderson and the GOP overruled Simon’s adjournment of the House and they proceeded with House organizational business, including the election of Rep. Lisa Demuth (GOP Cold Spring) as the Speaker of the House.
What constitutes a House Quorum?
The state constitution, Article 4, Section 13, titled “Quorum” states, “a majority of each house constitutes a quorum to transact business…” The GOP is arguing that with only 133 elected members of the House, their 67 members constitute a majority, and therefore a quorum was present last week. House Democrats argue that 68 members are required for a quorum because eventually there will be 134 members of the House when 40B is filled. Simon filed a lawsuit for the House DFL arguing their position on the matter. The State Supreme Court will hear arguments from both parties later this week on Thursday, January 23.
Senate: SD 60
The Senate started the 2025 session in a 33-33 tie due to the passing of DFL Senator Kari Dziedzic (Minneapolis, Senate District 60) over the holiday season. Kari was a beloved member who lost her battle with ovarian cancer at age 62. A special election for SD 60 will occur on January 28. There is no challenge to this special election date.
DFL Leader Erin Murphy (St. Paul) and Republican Leader Mark Johnson (East Grand Forks) have come to a power sharing agreement. This agreement includes co-chamber presidents, equal representation on committees and an agreement that no bill votes happen without joint agreement. In a perfect juxtaposition to the House, the Senate had a smooth opening last Tuesday.
Minneapolis DFLer Doron Clark has secured the primary election victory for the DFL in SD 60, making him an almost shoe-in for being sworn in as a member of the Senate on Monday, February 3. The question for the Senate DFL and the new “blue dog” coalition of DFLers, is whether they will reorganize the Senate at that time to clarify the majority and minority caucus roles and tip the current power sharing agreement back to DFL control.
Also lingering amidst Senate operations is the felony burglary charge against Nicole Mitchell (DFL Woodbury). The Becker County judge in her case ruled in her favor on her request to punt her trial date until late May, following the close of the legislative session.
Governor Walz unveils Budget Plan
Governor Walz unveiled a slimmed down two-year budget proposal last Wednesday, almost two weeks ahead of the January 28 statutory deadline. The plan includes $65.9 billion in General Fund spending, almost $5 billion less than the current 2024-25 biennium. This is largely due to the significant amount of one-time spending from the 2023 DFL Trifecta budget plan that was passed.
The Administration said its legislative priorities include cutting down on fraud by third-party social and health services organizations, easing up on business regulations and cutting taxes. The tax-cut plan is focused on reducing the state’s sales tax from 6.5% to 6.425%. The plan was met with skepticism as it includes expanding the sales tax to business, banking and legal services, which would generate $125M or more each year.
Education
The Governor is proposing a series of cuts to the education budget, mostly focused on various state aid programs that flow to private school students. The elimination of QComp revenue caught the eye of those who are currently receiving these funds. MREA’s position is that QComp revenue should be made available to all schools and staff. A new cooperative student support personnel aid distribution formula is being proposed but needs work as it appears to create too many winners and losers.
When the dust settles on this budget session, we will likely be celebrating two marquee fiscal victories from the 2023 budget bill: forecasted inflationary increases on the basic formula and a significant increase in state support for special education services. Perhaps the February budget forecast will show positive news on the budget front. Until then, the tenor of the conversation at the Capitol is all about budget cuts.
This week in Education Committees
MREA Set to Testify on Mandates
Mandates enacted in recent years have been challenging for MREA members, and we are working hard to find solutions, flexibility, funding or repeals of mandates. MREA has been invited to provide testimony at the Senate Education Policy Committee’s first hearing this year, specifically focused on mandates from the past two legislative sessions. Senator Julia Coleman, Co-Chair of the committee, will preside over the hearing on Wednesday, January 22 at 12:30 pm.
This is an opportunity to express the realities of the implementation of mandates, including the fiscal stress they put on rural districts. Sharing our voice at the legislature helps the public officials understand the impacts of previous decisions and consider options for improvements to help our schools operate efficiently, effectively and safely for the benefit of all students. We thank Jeff Drake, Superintendent of Fergus Falls Public Schools and MREA Board Director, for testifying. MREA will provide a follow-up report on the hearing next week.
Also, next Wednesday, at 3 pm, the House Education Policy Committee will take testimony on mandates, in addition to reviewing HF 6, which is the GOP’s initial position on mandate relief and budget flexibility.
