| The showdown over who shows up reaches its big reveal today. Democrats will decide whether to carry out a boycott threat to stop the Minnesota House from getting fully organized . Republicans are both calling the threat an affront to voters and salivating at the chance to capture empty desks for future campaign ads. They have vowed to seek recalls of the lawmakers who skip session, although that process would likely stretch beyond the timeline for the entire session. Talks between House leaders were scheduled for last evening and could go right up to the brink of session. The two spent a half-hour in a studio with Brian yesterday, the first time they’d been in the same room in about a week.
What’s better than a political pen pal? Asking for Secretary of State Steve Simon and House Republican leaders who are on a letter writing flurry. Simon started the correspondence train last week with his letter to GOP leaders telling them why he would use 68 as the quorum in the House. Republicans responded with a letter that stops just short of accusing Democrats of an insurrection if they shut down the House today. By day’s end, a letter from Simon was traveling back. But these letters aren’t dependent on the post office or need postage. They’re more often appended as attachments to press releases.
The Senate could be far sleepier on Day 1. A power-sharing deal has co-chamber leaders Erin Murphy, a Democrat, and Mark Johnson, a Republican, on solid footing from the jump. The Senate will pay tribute to the late Sen. Kari Dziedzic as the session begins. (Voting in a primary in the special election to fill the Minneapolis seat she held closes at 8 p.m.) The one question for the first day is if the Senate’s floor session lasts past 2 p.m., which is when DFL Sen. Nicole Mitchell must be logged on for a remote court hearing in her burglary case. Dust off your caselaw on a former senator named Florian Chmieleski Sr. He was facing a 1996 sentencing after pleading guilty to a gross misdemeanor. He successfully got a judge to postpone it for about four months, citing a state law. It's the same one Mitchell is citing to keep her clear of court during the legislative session by postponing her trial, which is scheduled to start Jan. 27.
If Mitchell is able to move her trial, the next Senate date of importance is Jan. 28. That's when that special election to fill the Dziedzic seat is held. Politics Friday producer Matt Alvarez did a nice roundup of the candidates. Seven DFLers and two Republicans are on today’s primary ballot. The winner from each side will square off in the special election two weeks from now. The district heavily favors the DFL. We've also compiled a voter guide with information from all the candidates.
A judge is expected to weigh in today in an election challenge in Scott County. Judge Tracy Perzel could go a number of ways. Among the possibilities: a ruling recommending a new election in a Shakopee-area House race, effectively affirming a narrow win for DFL Rep. Brad Tabke or a suggestion of further examination by the House. Republican Aaron Paul challenged Tabke’s win, alleging that the result could’ve changed if 20 ballots that were cast but never counted had been handled properly. Tabke says that’s mathematically impossible. His attorneys brought six voters whose ballots were in that uncounted pool to the stand last month to say they’d supported Tabke. Both Republicans and Democrats say the ruling could determine how they move forward at the Capitol. The Legislature has the final say on who gets seated, so lawmakers could buck guidance from the judge. There were letters written with lawyerly flair (one quoting Shakespeare) to the court Monday over Tabke’s participation in the DFL swearing-in ceremony.
Discussions about recalls are being thrown back and forth in the House. The Republican Party of Minnesota plans to file recall petitions against Democrats in the House who don't show up to the first day of the legislative session. The showdown over what constitutes a quorum is butting right up against the start of session. Ryan Wilson, an attorney for the Republican Party, acknowledged the multistep process that begins with 25 signatures to initiate the petition. “This gives an opportunity for the people to speak up when their legislators aren't doing their job,” Wilson said at a Monday morning press conference. The challenge then follows a lengthy process from the Secretary of State that goes to the Supreme Court, a special master and then 5,000 to 6,000 signatures would be needed per district to trigger a recall. Later Monday afternoon, Rep. Melissa Hortman said there could be grounds for recalls filed against GOP members, too. “If the Republicans declare kangaroo court and they're going to violate Minnesota statutes ... we may have to consider recall petitions for malfeasance."
Jodi Harpstead is stepping down as commissioner of the Department of Human Services after about five years in the role. Gov. Tim Walz appointed Harpstead to oversee the state's largest agency in 2019 as the agency faced blowback over fraud in the state’s child care assistance program. In the role of commissioner, Harpstead oversaw DHS's response and changes due to the COVID-19 pandemic. The department came under scrutiny during her tenure over allegations of Medicare fraud by two autism centers that allegedly made $20 million in false claims. Walz didn’t immediately provide a timeline for appointing a new commissioner. Peter Cox has more on the move.
Minnesota’s legal cannabis marketplace planning has taken another small step forward. The Office of Cannabis Management has opened a 30-day public comment period on the proposed expedited rules for the state’s new cannabis industry. The outgoing head of the office, Charlene Briner, says the rules are aimed at protecting consumers' health. Members of the public can submit comments on the draft rules through the Office of Administrative Hearings website until Feb. 12. | 