♪♪ >> MARY: A CONSTITUTIONAL CRISIS IN AN UNPRECEDENTED START TO SESSION.

REPUBLICAN FORMER LEGISLATIVE LEADER MARTY SEIFERT IS CURRENTLY CONNECTED AT THE CAPITOL SENIOR GOVERNMENT RELATIONS.

I REMEMBER YOUR CAUCUS LEAVING AND YOU WERE THE ONLY PERSON ON THE FLOOR, I THINK, ON YOUR SIDE OF THE AISLE IN AN EPIC FILIBUSTER.

IS THAT ANY KIND OF COMPARISON?

>> NOT REALLY BECAUSE THEY WERE GONE FOR MAYBE ABOUT 45 MINUTES, NOT FOR, LIKE, WEEKS, SO, I MEAN, IT WASN'T THE FIRST DAY OF SESSION.

IT WAS A TOOL IN THE TOOLBOX WE COULD USE BUT I WOULD SAY THAT IN THAT SITUATION, THEY COULDN'T GET THE VOTES TO RECESS AND SO THEY WERE LIKE SOMEONE NEEDS TO HOLD THE FLOOR WHILE WE GO CAUCUS SO I JUST DID IT AND IT WAS -- T WAS FUN, IT WAS INTERESTING BUT IT WAS -- EVERYBODY THINKS IT WAS LIKE EIGHT HOURS, IT WAS LIKE 45 MINUTES.

>> Mary: IT JUST FEELS LIKE 8 HOURS AT THE TIME, I REMEMBER THAT.

YOU SAY TOOL IN THE TOOLBOX, THAT'S WHAT DEMOCRATS ARE SAYING, THAT DENYING QUORUM HERE IS JUST A TOOL IN THE TOOLBOX.

IS THAT FAIR?

>> IT'S FAIR TO THE EXTENT THAT IT WOULD DENY A QUORUM.

I THINK THE ARGUE.

-- I CAN ARGUE BOTH WAYS.

I CAN ARGUE THAT IT'S 68 OUT OF 134 BUT THE PROBLEM THE DEMOCRATS HAVE RIGHT NOW IS THERE IS A VACANT SEAT IN ROSEVILLE.

THAT MEANS THE HOUSE IS 133, NOT 134 SO YOU GO DOWN TO 67 TORE A QUORUM, AT LEAST THE WAY I'M READING IT.

THE REASON BEING THAT IF YOU HAD A STUBBORN GROUP OF PEOPLE THAT JUST NEVER WANTED TO COME, YOU WOULD LITERALLY HAVE A GOVERNMENT SHUTDOWN ON JULY 1, IF THEY JUST NEVER DECIDED TO COME.

SO THE CONSTITUTION HAS SOME TOOLS IN HERE THAT ARE VERY SPECIFIC THAT A MINORITY OF THE HOUSE CAN COMPEL THE MAJORITY TO ATTEND.

THAT ONLY THE HOUSE CAN ADJOURN THE HOUSE, LIKE STEVE SIMON COULDN'T JUST UNILATERALLY DO IT, THAT'S ARTICLE , SECTION 7.

SO THERE'S CERTAIN TOOLS IN THE TOOLBOX THAT BOTH SIDES HAVE.

THE REPUBLICANS PROBABLY HAVE THE EDGE I THINK ON A COUPLE OF THINGS.

GENERALLY I WOULD SAY THAT THEY HAVE THE HIGH GROUND ON JUST THE NOT SHOWING UP PART OF THIS.

>> Mary: JUST THE VISUAL.

THE PR VISUAL.

>> LIKE PEOPLE ARE YOU'RE GETTING PAID.

>> Mary: THIS ULTIMATELY ENDS UP IN THE HIGH COURT AND YOU DID BRING YOUR CONSTITUTION, AS WELL, AS SOMETHING THAT COULD COME UP THERE.

WE DO HAVE AN ALL DFL-APPOINTED SUPREME COURT BUT WE HAVE A HUGE TRADITION OF NON-PARTISANSHIP HERE IN MINNESOTA.

>> YEAH.

>> Mary: BUT YOU PULLED THE LINE FROM THE CONSTITUTION AND THAT WOULD BE THE HIGHEST -- >> DOCUMENT.

>> Mary: -- DOCUMENT TO PULL FROM.

WE HEAR ABOUT RULES, STATUES, WHAT'S FROM THE CONSTITUTION THAT YOU THINK COULD BE RELEVANT HERE?

>> FOR THE CONSTITUTION, I THINK THE REPUBLICANS WILL MAKE THE ARGUE.

-- SO ARTICLE IV SECTION 7 HAS A PIECE OF IT THAT I'LL JUST READ REAL QUICKLY.

EACH HOUSE MAY DETERMINE THE RULINGS OF ITS PROCEEDINGS, SIT UPON ITS ON ADJOURN.

, THAT'S WHERE STEVE SIMON IS IN TROUBLE FOR ADJOURNING UNRAT RALLY, PUNISH ITS MEMBERS.

THEN UNDER SECTION 13, QUORUM, A MAJORITY OF EACH HOUSE CONNECTION STATUTES A MAJORITY OF THE HOUSE TO TRANSACT BUSINESS BIT A SMALLER MUM HAVE NUMBER MAY ADJOURN FROM DAY TO DAY, AND COMPEL THE ATTENDANCE OF ABSENT MEMBERS IN THE MANNER UNDER PENALTIES THEY PROVIDE.

THAT'S WHAT WE HAVE CALL OF THE HOUSE.

TEN MEMBERS CAN FORCE EVERYBODY TO COME IN AND SERGEANT AT ARMS WILL DRAG PEOPLE IN.

>> Mary: BUT IF THEY'RE NOT HERE, THE SERGEANT CAN'T GO OUT TO THE COMMUNITY AND GET THEM, RIGHT, LIKE OTHER STATES HAVE DONE.

>> RIGHT.

AND THE WAY I READ IT, THE QUORUM PART REALLY DOESN'T SAY 133, 134.

THE CONSTITUTION DOES NOT PRESCRIBE THAT THERE ARE 134 MEMBERS OF THE HOUSE.

STATUTE DOES.

>> Mary: THAT'S LOWER THAN THE ONSTITUTION REMINDING PEOPLE OF FLOORS AND CEILINGS -- >> GOES ALL THE WAY DOWN TO MASON'S MANUAL.

THINK DON'T OPERATE UNDER ROBERT'S RULES LIKE MOST CITY COUNCILS AND BODIES DO.

SO THERE IS A LITTLE TRICK OF THE TRADE ON THE HOUSE OF REPRESENTATIVES THAT'S DIFFER THAN THE AVERAGE BODIES.

>> Mary: ONE OTHER FACTOR YOU ALKED ABOUT SAYING THE REPUBLICANS HAVE AN UPPER HAND, WHAT ABOUT REPRESENTATIVE BRAD TABKE WHO HAG A COURT RULING SAYING HE WON, THERE WILL NOT BE A SPECIAL ELECTION AND REPUBLICANS SAYING THEY WON'T SEAT HIM.

DID YOU SEE ANYTHING LIKE THAT, REFUSAL TO SEAT A MEMBER BASED ON NOT LIKING -- >> I'VE NEVER SEEN THAT IN MY 14 YEARS HERE.

THE DEMOCRATS DID THIS IN 1979 WITH FORMER REPRESENTATIVE PAVLOC.

THEY VOTE HE COULD NOTEE VOTE ON HIS OWN SEATING, WHICH IS NOW COMING TO HAUNT THEM.

I'VE TOLD REPUBLICANS TO BE CAREFUL WHAT YOU'RE DOING BECAUSE YOU'RE SETTING PRECEDENTS RIGHT NOW.

IF THE SHOW WERE ON THE OTHER FOOT IN TWO YEARS AND YOU HAVE A MEMBER WHO HAS 20 BALLOTS MISSING, THEY'RE DECLARED BY THE COURT TO BE THE WINNER, DO YOU WANT THEM UNSEATING YOUR MEMBER?

YOU HAVE TO THINK ABOUT THAT.

>> Mary: IN '79 THEY TALKED ABOUT THAT.

>> THIS IS BITING THE DEMOCRATS NOW BECAUSE THEY STARTED THE CUSTOM AND USAGE OF PAVLOC NOT VOTING ON HIS OWN SEATING SO THEN THEY HAD A SPECIAL ELECTION AT THAT TIME WEST STONE IN SOUTH St. PAUL HAD A REPUBLICAN REPRESENTATIVE AND THE DEMOCRATS WON THE SPECIAL AND THEN TOOK POWER OF THE HOUSE.

>> Mary: FINAL BET OF ANALYSIS BECAUSE YOU ARE NOW A SENIOR GOVERNMENT RELATIONS PERSON UP HERE, WHAT DOES THIS DO, NOT HAVING HALF THE BODY HERE?

HOW DOES THIS AFFECTS GOVERNMENT RELATIONS?

>> IT'S VERY DIFFICULT BECAUSE THE REPUBLICANS ARE KIND OF HAVING HEARINGS RIGHT NOW SO IT'S LIKE ARE THERE BILLS THAT ARE INTRODUCED, WHERE ARE THE DEMOCRAT BILLS?

I MEAN, I'M A DISABILITY CENTER THAT S BEING CARRIED BY A DEMOCRAT, AND THAT'S A BIPARTISAN ISSUE, REPRESENTATIVE BAKER SAID I'M GOING TO COME TOUR THE FACILITY, I'M A REPUBLICAN IN THE METRO.

AND WE HAVE TO FIND A DEMOCRAT TO MAKE SURE THE BILL GETS INTRODUCED AND THAT MAKES IT