CRISIS: Minnesota Sec. of State Steve Simon is Attempting to Prohibit Minnesota Legislative Branch from Organizing; Violates Constitution

The Minnesota Legislative Session begins on Tuesday, January 14th and as it stands right now, Minnesota House Democrats are going to break the law by not showing up in an attempt to hold up a quorum. And now Minnesota Democrat Secretary of State Steve Simon is threatening that he’ll prohibit the Minnesota Legislature from organizing as a co-equal branch of government.

This is a CONSTITUTIONAL CRISIS!

Quick Background: On election night, Republicans won back three seats and had a rare legislative tie with Democrats, 67 to 67. However, a Democrat candidate in House District 40B (Roseville) violated Minnesota law by running in a district that he did not reside in, and a court found in favor of a successful election challenge. Which means the Democrats only have 66 members-elect.

This is where things get interesting…

Republicans have a short term majority in the House – until there is a special election in House District 40B, which will likely be won by the Democrat candidate. As long as a Republican candidate for Speaker can get 67 votes (a majority in the chamber), a Republican will be the presiding officer of the Minnesota House.

Democrat House members-elect have now state publicly that they will not show up to the Minnesota Capitol on the first day of the legislative session in an attempt to prohibit the Minnesota House from having a quorum. They’re contention is that the House has 134 member positions, and therefore the Republicans need 68 people present to have a quorum to conduct business.

Republicans see it differently. There will only be 133 members of the legislature on January 14th because a Democrat candidate decided to lie on his avidafit of candidacy and created a vacancy once the new legislature takes office.

Minnesota law (MN Statute 3.05) actually states that members “shall” meet on the first day of the legislative session. In law, “shall” is an “imperative command, usually indicating that certain actions are mandatory, and not permissive.” Democrats are breaking the law by not showing up.

The way we see it, is if Democrats do not show up, then only 67 members-elect will take the oath of office and swear in, thus making the Minnesota House a 67 member organization. In that case, a majority would be 34. Think of the great legislation that could pass in that chamber ALL because Democrats are willing to break the law to obstruct a government proceeding.

But the Democrats believe they have an ace up their sleeve, and that’s where Democrat Secretary of State Steve Simon comes into the equation. Democrats are arguing that Steve Simon, a member of the Executive Branch of government, is the presiding officer of the House.

Here’s the start of the 2023-24 Legislative Session:

https://kstp.com/kstp-news/top-news/even-if-dfl-house-members-dont-show-up-their-paychecks-will/A press release from Secretary Simon states that he plans to rule that there is not a quorum present to conduct business and will adjourn the Minnesota House. Tom Hauser, the chief political reporter at KSTP, posted that according to the Minnesota Constitution, “the secretary of state presides over the House until a speaker is elected.” But this is false and we reached out to Tom on X for clarification where he received that information.

According to Article IV, Section 15 of the Minnesota Constitution, it is crystal clear that the Minnesota House members choose their presiding officer.

Nowhere in the Constitution does it state that Secretary of State Steve Simon acts at all as the presiding officer. In fact, the custom and tradition of the opening of the legislative session where the Secretary of State gavels the House into order comes from State Statute 3.05, which says the secretary of state calls the House to order. Nothing else.

In a democratic institution, the body determines the direction the institution goes. Not one person. And certainly not a person from another branch of government (the executive branch). This isn’t just our analysis, it’s written in Article III of the MN Constitution.

Secretary of State Steve Simon is threatening to violate the separation of powers part of the Minnesota Constitution and create a Constitutional Crisis in our beloved state. All because Democrats screwed up and lost the majority due to election cheating!

What Republicans MUST Do to Fight Back:

Republicans are in a great position to win on this important battle. The public will be supportive because not only are Democrats obstructing a government proceeding and trying to stop the legislative functions of our government, but they also plan to receive a salary despite not officially swearing in for the position, not showing up for work and breaking state law. Get ready lawsuits!

All 67 Republicans need to show up at noon on January 14th, answer the roll call from the clerk pro tem, and take their oath of office. At that point, the House will be constituted with 67 members and they can choose their presiding officer, according to the Minnesota Constitution.

If Secretary Steve Simon states the House is adjourned, that is out of order (especially since no member has made the motion to adjourn) and therefore they should remain in the chamber. If Simon refuses to call for an election of Speaker, the members should congregate on the floor of House chamber and conduct an election by all present members. The victor will be the presiding officer of the Minnesota House.

Now if Simon is crazy enough not to remove himself from the chambers, the next order of business should be to elect a sergeant-at-arms and have him physically remove Simon from the House chamber. He should then be charged with obstruction of a government proceeding. Perhaps the same federal charge given to J6ers!