Today Senate Republicans brought a motion to expel Senator Nicole Mitchell (DFL-Woodbury) from the body. The motion failed on a procedural vote in which every Democrat voted to protect Sen. Mitchell and allow her to delay her trial.

“Senator Mitchell is abusing her status as a Senator to delay her trial and deny justice for her victim. Last year we heard time and time again how she deserves her day in court before we can decide on her status, and she has played both the judicial system and the Senate Rules to her own – and only her own – advantage,” Senate Republican Leader Mark Johnson (East Grand Forks) said. “She knew her trial was scheduled during session and yet waited until session started to request the delay. The Senate should not be complicit in this legal strategy and pretend its hands are tied in the matter. We can and we should vote to expel Sen. Mitchell and let the courts take over the matter as soon as possible.”

Mitchell was arrested in her stepmother’s home last spring and later charged with felony burglary. Her trial was scheduled to begin today but she exercised her right to a delay until the legislative session adjourns. Last year, the motion to expel Sen. Mitchell failed on a party-line vote. Sen. Mitchell retained her voting privileges on the floor and cast the deciding vote on nearly every piece of legislation during the 2024 session. After the 2024 session was concluded, Gov. Tim Walz, DFL Party Chair Ken Martin, and four Senate Democrats publicly said that Mitchell should resign.

The Senate is currently tied, 33 Republicans to 33 Democrats, but have struck a power-sharing agreement that would not be impacted should either side fall to 32 members.