Senate Republicans introduce motion to expel Senator Nicole Mitchell but it fails

"Senators must be held to the highest standard of ethical conduct."

That is according to Republican State Senator Eric Lucero (St. Michael) who introduced a motion to expel DFL State Senator Nicole Mitchell (Woodbury) one day after she was formally charged with first degree burglary for allegedly breaking into her stepmother's Detroit Lakes home early Monday morning.

DFL State Senator Ron Latz (St. Louis Park) pushed back saying it would prevent her from getting due process.

"The senator who made the motion is proposing that we become the judge, the jury and the executioner," said Latz.

The Ethics committee has 30 days to decide the matter, but only weeks left in the session. The motion made by Republicans to expel Mitchell failed.

"The actions that we take now define our leadership now and going forward," says Senate Majority Leader Erin Murphy (St. Paul). "And so we will work in due haste, taking measured steps to be clear about what it is that we're doing so we can complete the work that we came here to do for the people of Minnesota in an orderly fashion. And we welcome your participation."

"How can they trust that the votes coming through this body, at that point, with somebody who's under suspicion under investigation, is making a deciding, determining vote going forward," says Republican Minority Leader Mark Johnson (East Grand Forks).

That balance of power that is in question comes with several priorities like gun restrictions, an equal rights amendment with protections for abortion, gender care and several budget revisions that might stall without Mitchell's vote. The senate is now 33-33 Republicans and Democrats.

Mitchell was not on the senate floor for Wednesday's vote. After the session, Murphy said the situation is “heartbreaking and troubling,” but says the work of the session must go on.

It’s unclear when Mitchell will participate in a Senate session again.

Hamline Political Science professor David Schulz says the Democrats strategy is going forward will be to delay.

"They're going to try to push this issue out as far as possible, get it beyond the legislative session, which is going to end in a few weeks in May," says Schultz. "And then see what happens."

Schultz says he expects the DFL to maintain their slim majority through the end of the session to pass some of the key legislative priorities.