For the first time in state history, the Minnesota Legislature could find itself in a rare “double tie,” a possibility that hinges on a state senator being called to resign.

The Minnesota House recently saw a 67-67 split in the general election for the first time since 1979. Now, the state Senate could face a similar fate with a 33-33 tie, depending on whether Sen. Nicole Mitchell, DFL- Woodbury, resigns following her burglary arrest in April.

Mitchell, who faces a first-degree burglary charge for allegedly breaking into her stepmother’s home in Detroit Lakes, said she was retrieving items belonging to her late father, who died in 2022.

Mitchell pleaded not guilty to the charge in August and said she had no plans to resign.

Potential for a tie in the Senate

If Mitchell resigns or is expelled during the legislative session, the Senate would temporarily fall into a 33-33 tie, creating an unprecedented legislative “double tie” in Minnesota.

Sen. Mark Johnson, R-East Grand Forks, said he suspects Mitchell’s case will be pushed into the session that begins Jan. 14, but that he finds the possibility “fascinating.”

“It could be a possibility, but the reality is that if she resigns at some point during the session, we’re going to end up with something very similar to the House, which, at this point, we’re already somewhat prepared for a legislative body to negotiate bipartisan bills,” Johnson said.

Johnson said Mitchell’s case has been pushed back continuously since its original date in June.

“For her, it was a strategy to delay this,” he said. “Senator Mitchell’s court date has been postponed several times. So he should have come back. I think the original date was in June… Now we’re looking at it by January.”

David Schultz, a political science professor at Hamline University, said he anticipates a scenario similar to Johnson’s — that Mitchell’s case will be pushed past the session so the DFL can hold its majority — but that the possibility of a double tie it would be like “chaining”. two angry animals together.”

“From a rational perspective, with a double tie, it would make sense for them to say, ‘You have to cooperate,’ but as much as that makes sense, politics isn’t necessarily about what makes sense,” Schultz said. . “And what I suspect could happen is that each of the parties has all kinds of incentives from their voters, their donors, their constituents, to keep fighting. Each side says, “Well, heck, we’re going to stick to our guns, because we don’t trust the other side to do that.” “

Some DFLers, including Gov. Tim Walz and DFL Chairman Ken Martin, have openly called on Mitchell to resign.

It’s also possible that Mitchell could be forced out of her seat, even if she doesn’t resign voluntarily. The Senate could hold a vote to expel her, which would require a two-thirds supermajority to pass.

While ties have occurred in both the Minnesota House and Senate in the past, this would be the first time a tie has occurred in both chambers simultaneously. Additionally, a tie in the Senate has never occurred during the session itself, according to the Legislative Reference Library.

If there is a tie during the session, Minnesota state law requires the governor to call for a special election within five days of the opening of the vacancy and that the election be held within 35 days of the call.

It means the Legislature could function in a double tie for up to a month.

Healing opportunity or political games?

When the burglary charge against Mitchell was reported during the 2024 session, Republicans spent up to six hours on the floor discussing Mitchell’s case, according to DFL Senate records.

Schultz said he worries the chamber’s productivity will suffer as long as Mitchell’s case is still pending.

“The productivity of the Senate has dropped dramatically,” Schultz said of the last session. “We could all see that because they were just consumed by Mitchell.”

Moving forward, Majority Leader Sen. Erin Murphy said she wants Republicans to stop “playing political games” with Mitchell’s case.

“I have had conversations with Senator Mitchell about her situation, as have other members. I will not release these discussions to the media,” Murphy said. “Senator Mitchell has options going forward in her legal case and in her political career, and it is mostly my job to plan for all possible outcomes. We have done that, and I am confident that we can continue to make early and significant progress, but only if Republicans can agree to stop playing political games with her case so that we can work, together, for the people of Minnesota.”

Johnson said the Senate being in a similar situation to the House can create opportunities for bipartisan discussion and cooperation from both sides on things like budget bills.

“I honestly think that would be a pretty healthy thing, given the way the last session ended with the acrimony in the final minutes of the session,” he said. “It would be a good healing opportunity not only for the Legislature, but for the state to watch legislators work in a bipartisan manner.”

Schultz said he suspects the tie will limit how much legislation successfully moves through the chambers.

“I would call it sort of a caretaker government, if it’s a double tie, the Democrats and Republicans probably only agree on the bare minimum they need to agree on, and beyond that, nothing else happens. he said.

Responsibility and public image

Johnson expressed concern that Mitchell’s continued presence in the Senate could damage the institution’s credibility.

“Here we have somebody with serious felony-level criminal charges hanging over their head and they’re sitting there making or voting on serious legislation,” Johnson said. “Regardless of what’s going on criminally, are our members comfortable with having Senator Mitchell there, and knowing what happened, does that really reflect that image to the general public?”

Minnesota law does not explicitly prohibit elected officials with criminal charges from resigning or suspending their legislative duties, Johnson pointed out.

“For our caucus, it felt very strongly that this needed to be addressed, and Democrats continued to hide, even though behind the scenes, some of them agreed that, look, she should be held accountable,” he he said.

Mitchell’s next hearing is scheduled for Jan. 27.