A dispute between Democrats and Republicans over control of the Minnesota House of Representatives may delay the start of the 2025 session, which was scheduled to start on Jan. 14.

Ahead of the Nov. 5 general elections, Democrats had a 68-64 majority in the chamber with two vacancies. After the Nov. 5 general elections, the partisan breakdown of the House was evenly split with 67 Democrats and 67 Republicans. The last time the chamber was evenly split was in 1978.

However, a court order shifted the partisan balance to a 67-66 Republican majority with one vacancy. On Nov. 5, Curtis Johnson (D) defeated Paul Wikstrom (R) 65.4% to 34.6% in the general election for House District 40B. Wikstrom contested the results in court, alleging that Johnson did not meet the residency requirements to run in the district. On Dec. 20, Ramsey County District Judge Leonardo Castro sided with Wikstrom, ruling that Johnson was disqualified from holding office. Johnson said he would not appeal the decision, and Gov. Tim Walz (D) scheduled a special election for Jan. 28.

House Democrats and Republicans now disagree over how to proceed with chamber business. Republicans said their current majority authorizes them to elect a speaker and control committee assignments. However, Democrats said the majority is temporary, and lawmakers can take no action without 68 votes. Democrats also said they will boycott the start of the session in the absence of a power-sharing agreement.

According to Secretary of State Steve Simon (D), 68 representatives are necessary for a quorum–the minimum number of members required to conduct official business. If all Democrats go forward with the boycott, Simon wrote that in accordance with state law, he will preside over the House and adjourn the session each day a quorum is not present. 

On Jan. 12, House Democrats held a swearing-in ceremony for all Democratic representatives except one who was sworn in on Jan. 10. Democratic leader Rep. Melissa Hortman (D) wrote in a statement, “In the event Democrats choose to deny quorum, we wanted to be sure to have all our members properly and legally sworn in and we did that [Jan. 12].”

In response, the state’s Republican Party released a statement saying it was preparing recall petitions for any lawmaker who does not report to the capital for the start of the session.

One of the representatives sworn in on Jan. 12 was Rep. Brad Tabke (D). His victory is also currently subject to a legal dispute.

In the Nov. 5 general election, Tabke led Aaron Paul (R) 10,973 to 10,959 votes, a margin of 14 (0.06%) votes following certification. Minnesota allows a losing candidate to request a recount paid for by the state if the final margin is less than 0.5% of the total votes. Paul requested a recount.

The recount found that Tabke won by 15 votes, one more than the original count. However, Scott County election officials announced that 20 ballots were lost and unable to be counted in the final tally. In response, Paul filed a lawsuit asking Scott County District Judge Tracy Perzel to declare the election result invalid and order the district’s seat vacant until a special election could occur.

During the December 2024 trial, six of the 20 voters identified as those whose ballots were lost testified that they voted for Tabke, which led to Tabke declaring victory in the race after the trial concluded. Republican leader Rep. Lisa Demuth (R) indicated that Republicans would use their majority vote to refuse to seat Tabke. Perzel said she would issue her ruling no later than Jan. 14.