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Minnesota AG's office says GOP Senate leader can't do 2 jobs

Minnesota AG's office says GOP Senate leader can't do 2 jobs

Gazelka and Daudt's plan is for a special legislative session for the sole goal of electing a Democrat as Senate president.

The opinion will likely spark a lawsuit between DFLers trying to eject Fischbach from the Senate, while the Republican majority will fight to keep her in. Republicans now hold a 34-32 advantage, with the vacancy created by DFLer Dan Schoen's recent resignation set to be filled in a February 12 special election.

As it stands, when Franken resigns January 2 and Lt. Gov. Tina Smith replaces him the next day, Senate President Michelle Fischbach, a Republican from Paynesville, will automatically become lieutenant governor, creating an odd situation for Dayton and potentially putting the Senate majority in jeopardy. He notes that Minnesota courts would have to make the ultimate determination. Here's how to contact your Governor and State officials. But, she does not want to give up her seat in the state Senate, where Republicans hold a single seat majority. If she can't hold both jobs the partisan breakdown would be tied. That decision was subsequently challenged in court, but the state's Supreme Court sided with Day, arguing that the two functions were not incompatible and that he was not expressly prohibited by the constitution from holding two offices. It's unlikely that the governor would call a special session under the circumstances without support from DFL leaders.

But Fischbach, a Paynesville Republican, has said she will not resign. Gilbert said the duties of the lieutenant governor have changed since then, but noted that only a court can decide the dispute.

Fischbach's ascension to lieutenant governor is the culmination of an unexpected series of events related to the wave of women coming forward to allege improper conduct by powerful men.

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The special election to replace Schoen in February comes after his own resignation after multiple women alleged he sexually harassed them, which he denied. The Minnesota Constitution requires that any vacancy in the office of the lieutenant governor be filled automatically by the most-recently presiding president of the Senate- which happens to be Fischbach.

"I'm not optimistic", Gazelka said.

Senate Minority Leader Tom Bakk, DFL-Cook, said he agreed with Swanson's opinion. He raised the prospect that Fischbach's Senate votes would not be legitimate.

"I respectfully request that Sen". The Legislature returns for its regular session on February 20.

This would be the second time in less than a year that leaders in Minnesota state government have thrown a weighty constitutional conflict to the courts after failing to resolve their differences.

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