In January 2025, one seat in the Minnesota House was vacant after a court found that the winner of the House District 40B election did not meet the residency requirement. DFL members stayed away from the Capitol, and Republicans, who held 67 of the 133 filled seats, convened the House and elected Lisa Demuth as speaker. Secretary of State Steve Simon and DFL leader Melissa Hortman asked the Minnesota Supreme Court to decide what counts as a quorum of the House.
The Minnesota Gun Owners Caucus joined Professor Ilan Wurman of the University of Minnesota Law School and other organizations in an amicus brief supporting Speaker Demuth, Harry Niska, and Paul Anderson. Our work at the Capitol is frustrated if a minority party can derail a legislative session by refusing to recognize a valid quorum.
Our brief argued that the Minnesota Constitution defines a quorum as a majority of “each house,” and each house is composed of members “chosen” by the people. A future representative for a vacant seat has not been chosen, is not a member, and cannot be counted, so a quorum of the 133 members actually elected was 67. That conclusion is supported by:
- The text and structure of the Minnesota Constitution
- The only available legislative history from the Constitutional Convention, and repeated decisions of the Minnesota Supreme Court
- The settled interpretation of the federal constitutional provision Minnesota’s quorum clause was drawn from
- Mason’s Manual of Legislative Procedure
We were joined in this Amicus Curiae Brief by:
- Professor Ilan Wurman
- Center of the American Experiment
- TakeCharge
- Minnesota Voters Alliance
Outcome
On January 24, 2025, the Minnesota Supreme Court ruled that a quorum of the House requires 68 members, a majority of all 134 seats, rejecting the position our brief supported. The Court issued its full opinion on March 5, 2025.
Last updated: March 5, 2025
Case Details
Case Title
Steve Simon, Minnesota Secretary of State v. Lisa Demuth, consolidated with Melissa Hortman, et al. v. Lisa Demuth, Harry Niska, and Paul Anderson.
Minnesota Supreme Court Case #
A25-0066 and A25-0068
Our Brief
On our website, you can read our Amicus Brief filed in the Minnesota Supreme Court on January 21, 2025.
Counsel
In this case, we were represented by Douglas P. Seaton, James V. F. Dickey, and Alexandra K. Howell of the Upper Midwest Law Center, together with Professor Ilan Wurman.
Want to support our legal and litigation efforts?
Our lawsuits and amicus briefs are underwritten by the Minnesota Gun Owners Support Fund, doing business as the MN Gun Owners Law Center, a 501(c)(3). Gifts may be tax-deductible to the extent allowed by law.