MNLEG 2025 Session with Vacancies, Legal Challenges, and Pending Trial

Leadership transitions, legal disputes, and a legislator's upcoming trial shape the session’s landscape.

The Minnesota Legislature begins its 2025 session under unique circumstances, with vacancies, legal disputes, and temporary leadership shaping both chambers. Additionally, a pending criminal trial involving a sitting senator adds another layer of complexity to the legislative environment.

House of Representatives: Temporary Leadership and GOP Majority

The Minnesota House currently has a temporary Republican majority of 67-66, following the disqualification of DFL candidate Curtis Johnson in House District 40B. Johnson was ruled ineligible under Minn. Const. art. IV, § 6, which requires candidates to reside in their district for at least six months before the election. His seat was vacated, and Governor Tim Walz has scheduled a special election for January 28, 2025, under Minn. Stat. § 204D.28.

Until a Speaker of the House is elected, the Minnesota Secretary of State presides over the House to facilitate its initial organization, as required by Minn. Stat. § 3.05. This includes overseeing procedural votes, such as the election of the Speaker and adoption of initial rules.

House District 54A Election Challenge

In House District 54A, DFL incumbent Brad Tabke’s 15-vote victory is being contested in court due to 20 missing absentee ballots. GOP challenger Aaron Paul has filed an election contest lawsuit under Minn. Stat. § 209.021, seeking to invalidate the results and request a new election. The case, 70-CV-24-17210, is being heard in Scott County District Court. Closing arguments are due by December 30, 2024, with a ruling expected by January 14, 2025. Appeals, if any, would go directly to the Minnesota Supreme Court under Minn. Stat. § 209.10.

Senate: Vacancy, Temporary Leadership, and Pending Trial

The Minnesota Senate begins its session evenly divided, with 33 seats each held by the DFL and Republicans. This split follows the passing of Senator Kari Dziedzic from District 60. A special election is required under Minn. Stat. § 204D.28 to fill the vacancy, and while a date has not yet been announced, the district’s DFL-leaning history makes it significant for maintaining the Senate's balance.

Under Minn. Const. art. IV, § 14, the Lieutenant Governor temporarily presides over the Senate until a President of the Senate is elected. This ensures continuity of operations as the chamber organizes for the session.

Adding to the Senate’s complexities, Senator Nicole Mitchell, representing Woodbury, faces a pending criminal trial. Charged with first-degree burglary in connection with an April 2024 incident in Detroit Lakes, Mitchell has pleaded not guilty. Her jury trial is scheduled to begin on January 27, 2025, in Becker County District Court. Under Minn. Const. art. IV, § 7, members of the Legislature may not be expelled unless a two-thirds majority vote is taken, meaning Mitchell remains in her seat unless convicted and further action is taken.

Implications for Legislative Operations

Until leadership is elected in both chambers, the Secretary of State and Lieutenant Governor will perform their constitutional and statutory roles as presiding officers. This ensures the legislative process begins as required under Minn. Const. art. IV, § 5, which mandates the Legislature convene on the first Monday following the first Tuesday of the year.

The outcomes of the special elections in House District 40B and Senate District 60, the legal dispute in District 54A, and the trial of Senator Mitchell will shape the composition and operation of the Legislature. These developments may influence committee assignments, leadership decisions, and the pace of legislative progress.

As the Minnesota Legislature convenes for the 2025 session, constitutional and statutory provisions provide a framework for addressing its current challenges. Temporary leadership will preside until the election of a Speaker and Senate President, while pending vacancies, legal challenges, and a legislator’s criminal trial underscore the complexity of this session’s opening weeks.