| In the 162 years of Minnesota legislative sessions, it’s safe to say there’s never been a start like what we saw yesterday. A tied Senate opened, somehow, without a hitch. But the narrowly divided House began, was abruptly adjourned and then reopened in a bit of a shadow session involving only Republicans because of a Democratic boycott. Notably, the opening day didn't include the usual election of a chief clerk, sergeant at-arms and other permanent House staff or the traditional notification to the governor that the House is duly organized. The unusual beginning could spell trouble ahead. A recap of the dramatic moments and those that were important for other reasons is here thanks to a team of MPR reporters up at the Capitol yesterday.
Attention could soon shift to Minnesota’s courts to referee the power struggle. As Clay Masters reports, Secretary of State Steve Simon’s office said he intends to seek intervention by the Minnesota Supreme Court . So do House DFLers, who say that the actions taken during the second act of opening day should be undone. House DFL Leader Melissa Hortman called it “stunning” and “a sham.” Republicans insist that they’re in the clear and blame Democrats for boycotting. Rep. Harry Niska, an attorney, is running point for them. “The Legislature gets to decide what its quorum rules are going to be. The Legislature gets to decide what its internal rules are going to be. The Legislature gets to decide who its presiding officers are going to be,” Niska said. “The secretary of state doesn't get to control that.” Just remember through all of it, that taxpayers will probably wind up paying the lawyers when public officials are on both sides of the cases.
There is already one legislative related court hearing on tap. Wednesday’s oral arguments before the Minnesota Supreme Court has to do with the timing of a special election in the Roseville and Shoreview areas. It will fill a seat the DFL forfeited over a residency problem by its candidate, Curtis Johnson (who by the way was at the Capitol yesterday but declined to comment to reporters who approached him). It all has to do with when the seat became vacant, whether Gov. Tim Walz could initiate a special election when he did and ultimately whether the Jan. 28 race will go on as planned. Republicans passed a motion while on the floor yesterday — subject, of course, to dispute over whether they could take action — that would declare the seat vacant as of Jan. 14. That would push off any election until February or later. But this one is up to Supreme Court justices in the end, and they’re likely to rule in quick fashion given that time is of the essence. Geek out on all the filings in the case here. The hearing can be streamed here.
The other Jan. 28 special election moved to its final phase after nominees were chosen last night in a Senate primary. DFLer Doron Clark won 38 percent of the vote in a seven-way contest on his side for the Minneapolis state Senate seat that was left open by the death of Sen. Kari Dziedzic. About 5,400 people voted in the DFL primary. He'll face Republican Abigail Wolters, who easily won a two-person primary where about 200 people voted. Once the special election is held and the results are certified, the winner will enter the Senate and break a 33-33 tie. See the full results and tallies here.
Judge Tracy Perzel issued her long-awaited ruling yesterday, affirming Shakopee Rep. Brad Tabke’s win. It essentially advises the Minnesota House that he should be seated in the chamber. Perzel rejected an election challenge in the case and said that Tabke’s attorneys proved that it would’ve been mathematically impossible for Republican Aaron Paul to win the election, even if 20 ballots that were cast but never counted has been factored into the final result. Dana has more on the ruling and reaction from lawmakers . It’s still an open question whether Republicans will agree to acknowledge Tabke as a member of the Legislature. They’ve said they are reviewing the ruling but still have serious concerns about the integrity of the election. Democrats have said they will boycott the Capitol for the foreseeable future unless Republicans agree to recognize the Shakopee Democrat.
Away from the House floor, there were other moves of interest by Republicans as they began adopting operating rules in a committee yesterday (also subject to dispute over whether those will stand). Among the resolutions discussed are those involving the remote work policy and those that deal with drugs and alcohol. One resolution adopted requires a full return to office by House employees in December, but allow the speaker to suspend the policy if needed. Staff advised the House Rules Committee members that they would look into whether a resolution policy barring drug use in House-controlled spaces covers marijuana as well. Action on that was deferred for now. | 
