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Minn. state Sen. Nicole Mitchell returns to Capitol after burglary charge, casts votes amid criticism

Ryan Faircloth, Star Tribune on

Published in News & Features

MINNEAPOLIS — Democratic Sen. Nicole Mitchell returned to the State Capitol on Monday and began voting for the first time since she was arrested and charged with felony first-degree burglary. Mitchell cast deciding votes to block Republican-led motions that would have prevented her from voting on bills while an ethics complaint against her is investigated.

The first-term senator from Woodbury who allegedly broke into her stepmother's home last week to retrieve some of her late father's belongings declined to answer reporters' questions when the Senate recessed on Monday morning. Some of Mitchell's Democratic Farmer Labor Party colleagues embraced her on the floor.

When the Senate returned from recess, Republicans offered a motion to prohibit any member who's been charged with a crime of violence from voting on bills until the chamber's ethics committee has weighed in on their case. They argued other Minnesotans would be put on leave from their jobs if they faced such a serious criminal charge.

"Her actions have brought the Senate into dishonor. Her actions have brought the Senate into disrepute," Sen. Steve Drazkowski, R-Mazeppa, said of Mitchell.

Democrats argued the motion should be ruled out of order because it lacked a constitutional basis. Senate President Bobby Joe Champion, DFL-Minneapolis, agreed and ruled it out of order.

Republicans then appealed Champion's ruling, but their motion failed. All Democrats voted to uphold Champion's decision, with Mitchell casting the deciding vote.

 

"The Senate doesn't have the authority to remove a vote from a member," said Sen. Ron Latz, DFL-St. Louis Park. Latz and some other Democrats further argued that removing Mitchell's ability to vote would disenfranchise her constituents.

The burglary charge against Mitchell has cast uncertainty over the final month of Minnesota's legislative session. Democrats hold the state Senate by a one-seat margin and can't pass a long list of bills without Mitchell's vote. Mitchell said last week she doesn't intend to resign from the Senate.

Senate Republicans have filed an ethics complaint against Mitchell. A hearing about the complaint is scheduled for May 7.

Over the weekend, the Senate DFL Caucus removed Mitchell from legislative committee assignments and caucus meetings. DFL Senate Majority Leader Erin Murphy said in a statement Sunday that "This is a tragic situation, and there are still questions that need to be answered."

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