Minnesota senator’s legal troubles could cost the DFL its majority

ST. PAUL, Minn. (GRAY) – Minnesota State Senator Nicole Mitchell (DFL-Woodbury) has been accused of and charged with 1st-degree felony burglary, after she allegedly broke into her step-mothers home in Detroit Lakes early Monday morning.

The senator’s arrest comes just weeks before the 2024 legislative session is set to adjourn, but calls for Mitchell to resign could upset a fragile DFL majority in the senate. Currently, the DFL holds a 34-33 majority in the Senate. If Mitchell were to vacate her office, it would likely take more time to set up an election than there is time left in the 2024 session. That means that the Senate would be evenly split: 33 DFLers and 33 Republicans.

According to Peter Wattson, who served as Minnesota Senate Counsel for roughly 40 years, and specialized in Senate rules, a tie in the Senate not a prevailing vote.

“The Constitution requires 34 votes—a majority of the members elected—to pass a bill. If you only have 33, that’s not enough to pass a bill,” said Wattson.

Unlike some other states, the North Star State doesn’t have a tiebreaker rule in the state senate. The last time Wattson recalls a tie in the senate was in 1971, when he had just started working in the chamber.

“[The Republicans] walked out and went to court, to the Minnesota Supreme Court, which eventually held that the lieutenant governor does not have a casting vote when there is a tie,” he said.

The DFL currently holds a legislative trifecta, a position it has used to pass along party bills with ease over the last two years. Losing a majority in the senate would effectively bring that trifecta to a halt until an election can take place—unless the two parties can collaborate.

“They could just keep going through the business and do all the things that had at least 34 votes, and then just take the things that would be tie votes and just leave them aside,” Wattson said.

The situation would require the senate DFL to make last-minute concessions to Republicans in order to pass bills.

While the DFL could lose the majority if Mitchell were to resign, senate leadership would likely remain the same. The positions of majority leader and senate president have already been set, and without a successful vote to vacate those positions, they’re unlikely to change. Any attempt to force a change would likely result in a tie, rendering it unsuccessful.

“If they talk to each other, they could perhaps get something worked out. But in absence of conversations and a willingness to come to a resolution that allows the body to move forward [the leadership] might just be stuck,” Wattson said.

For now, the senate remains at 67 members. Senate Majority Leader Erin Murphy issued a statement saying they intend to let due process play out:

“The allegations against Senator Mitchell are upsetting, for me and for anyone who has gotten to know and work with her. The behavior alleged is far outside the character she has established in the Senate and in her distinguished career in the military. We believe in due process, and Senator Mitchell has the right to a full defense of her case in court. In the coming days and weeks, Senator Mitchell must also have serious and difficult conversations with her colleagues, constituents and family.”

Meanwhile, Senate Minority Leader Mark Johnson led the charge in calling for Mitchell’s resignation:

“I understand the difficult situation her family is facing, however the actions taken by Sen. Mitchell are disturbing. The complaint released by the Becker County Attorney lays out the case of a person who took extensive preparation to burglarize a family member’s home. This behavior is unbecoming of a member of the Legislature and she needs to resign from the Senate immediately.”

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