JOHN HINDERAKER: A Brewing Constitutional Crisis in Minnesota.

Minnesota is a purple state, balanced on a knife’s edge, as the 2024 election showed. There are 134 Minnesota House districts, and when the returns were in, it looked like Republicans had gained enough seats so that the House would be tied, 67-67. But then it came to light that one of the Democrats’ candidates had cheated: in House District 40B, Democrat Curtis Johnson falsely claimed to reside in the district, a constitutional requirement.

His Republican opponent filed an election contest, which was successful, as the evidence against the Democrat was overwhelming. A district court issued an injunction barring Johnson from taking that seat. A special election will be held to fill the seat at some time in the future; the exact schedule is now the subject of litigation. So currently there are 133 elected representatives holding election certificates: 67 Republicans and 66 Democrats. Republicans hold a majority, brought about by the fact that Democrats cheated and got caught.

Democrats are panicked over the prospect that they will lose control over one house of Minnesota’s legislature, and they have determined on a desperate strategy. The 2024 legislative session begins on Tuesday, and all 66 Democrats are going to refuse to show up for work. Their theory is that by hiding out, they will prevent the establishment of a quorum, and thereby disable Minnesota’s House (effectively, the entire legislature) from doing any business. They hope that at some point in the future, they will win a special election in 40B, at which time they say they will go back to work. Meanwhile, they intend to continue drawing their pay as legislators.

Have you noticed how Democratic state legislatures are always trying to pull something like this? But read the whole thing. I do believe Hinderaker’s legal analysis is correct.