Both sides are biding their time before an expected legal battle about whether new Lieutenant Governor Michelle Fischbach can continue serving in the state Senate at the same time. Hamline University Professor David Schultz says it’s basically a game of political “chicken”, with Senate Democratic Minority Leader Tom Bakk trying to temporarily get the Senate back to a tie between Democrats and Republicans. Schultz suspects the strategy is, “Get it to a 33-33… and hope that they can do something in terms of that deadlock there that helps [Governor] Dayton out.” Most analysts agree that Republicans would win a special election in Fischbach’s Paynesville district — but Democrats might be looking to delay that day of reckoning, hoping for leverage if the Senate is tied at 33-33 for a period of time. Senate Republican Majority Leader Paul Gazelka says it will be a moot point if Republicans win a special election in mid-February for the seat formerly held by Saint Paul Park Democrat Dan Schoen. Schoen resigned amid allegations of sexual harassment.
Democrats have not sued yet, presumably waiting for Lieutenant Governor Fischbach to take some “official action” as a senator after the legislative session begins February 20th. But Schultz says they might not need to wait that long. He says if Fischbach is still being paid as a senator, “That may be enough to say that, because she’s still collecting her legislator’s salary, that is enough to sue at that point and say, she is serving in both capacities — and get people enough of a hook [for legal action].” Democrats have not said how soon they might sue.
More in this interview with MNN’s Bill Werner: