The 2025 Minnesota Legislative session begins at 12 pm on January 14^th. The last two legislative sessions resulted in sweeping, complex changes to our organizational clients- both public and private- in Minnesota – will this session have the same impact?

Before any new legislation can be passed, the legislature must determine which party will control the balance of power (and thus the legislative agenda). After the November election, the Minnesota Senate stood at 34 Democrats and 33 Republicans. The Minnesota House was evenly split 67-67 between the two major parties. With a Democratic governor and a Democratic Senate, the House party leadership began negotiating a power-sharing agreement between Democrats and Republicans to determine how the House would operate with no majority.

However, several events in recent weeks have caused additional uncertainty.

First, a close election in Shakopee followed by the discovery of lost ballots has thrown District 54A into confusion. Rep. Brad Tabke won the seat by 14 votes, but that victory is currently before a judge due to 21 ballots being unaccounted for. The judge is expected to make a recommendation on or before January 14, but the recommendation is not binding. Lawmakers could refuse to seat Tabke regardless of the judge’s recommendation.

Second, a judge ruled that Rep. Curtis Johnson of Roseville did not meet the residency requirements to serve. Rep. Johnson stepped down and will not appeal the decision, so a special election will be held on January 28. This resignation shifted the House to 67(R)-66(D), causing Republicans to cease negotiations on the power-sharing agreement, and declare a majority in the House (despite 68 votes being required to pass legislation). For their part, Democrats have stated they will strike and deny the Republicans a quorum until after the special election on January 28. Additionally, a lawsuit has been filed challenging the timeline of the special election, with a petition pending at the Minnesota Supreme Court.

Meanwhile, in the Senate, Senator Kari Dziedzic (D-NE Mpls) passed away at the end of 2024 after a battle with cancer. Her passing leaves the Senate evenly split at 33-33 until a special election for her seat can be conducted on January 28. Additionally, Senator Nicole Mitchell (D-Woodbury) is facing a criminal trial beginning this month that may have ramifications for her seat. If she steps down or is removed, that would further shift the balance of power.

What does all this mean? The first few weeks of the legislative session are likely to be taken up by resolving these issues and determining how the legislature will function, rather than passing legislation. At Eckberg Lammers we continue to monitor the legislature to stay up to date on any changes that may affect our clients. If any legislation arises that may impact Minnesota organizations, you can trust that we will keep you updated so that you can focus on your business.

As a reminder, Eckberg Lammers assists our organizational clients in a broad breadth of legal services that can be learned more about on the following pages:  business services, employment services, municipal services, and more.