It’s an old adage that politicians get “sworn in” and then immediately “sworn at.” Never has that been more true for Minnesota Democrats, who held a bizarre secret swearing-in ceremony at the Minnesota History Center Sunday with a retired judge. Democratic House Leader Melissa Hortman justified their actions in a hastily-issued press release saying she wanted to have all her members “properly and legally sworn in” in case they need to deny quorum in the House.
There is nothing proper or legal about this swearing-in ceremony. If it was, we wouldn’t have heard about it through a leak to a reporter on X. The law is clear on the when, how and where of getting legislators properly sworn in.
3.05 ORGANIZATION.
At noon of the day appointed for convening the legislature, the members shall meet in their respective chambers. The lieutenant governor shall call the senate to order and the secretary of state, the house of representatives. In the absence of either officer, the oldest member present shall act in the officer’s place. The person so acting shall appoint, from the members present, a clerk pro tem, who shall call the legislative districts in the order of their numbers. As each is called, the persons claiming to be members from each shall present their certificates to be filed. All whose certificates are so presented shall then stand and be sworn.
At noon of the first day. In their respective chambers. All who present election certificates shall then stand and be sworn. It’s really clear.
Hortman’s press release spends several paragraphs trying to convince everyone this has been done before in Minnesota, citing no specific examples. The example everyone remembers is from 1979, the last time the House ended up 67-67. In that case, 133 members presented election certificates and were properly and legally sworn in at the Capitol on the first day. As the House Journal notes, one member was absent and was sworn in bedside from a St. Paul hospital:
Notice the time: 12:05 on January 3, 1979. In other words, he got sworn in at the same time everyone else did back at the Capitol. Notice also it’s one member, not an entire caucus. Finally, notice the accompanying affidavit — will we see those from the DFL’s clandestine ceremony?
House Democrats are desperately clinging to power after enjoying two years of complete control of the State Capitol. They lost the election, they lost their majority, and if they continue with these shenanigans, they will lose whatever good will they had left with the people of Minnesota.