Democratic state Sen. Nicole Mitchell’s felony conviction pushed the Minnesota Senate into another period of political uncertainty, with widespread calls for her to resign or be forced out if she doesn’t.
That would leave the Senate temporarily in a 33-33 tie, pending yet another special election with a winner-take-the-majority outcome on the line. There have been multiple high-stakes special elections already this year due to deaths, court rulings and criminal problems involving members.
A Becker County jury convicted Mitchell of two felony burglary charges stemming from an April 2024 arrest at stepmother’s home in Detroit Lakes. Mitchell was found in the basement in all-black clothing in the middle of the night after her stepmother called 911 to report a break-in.
Mitchell, a first-term DFLer from Woodbury, didn’t immediately say whether she’d step down from her Minnesota Senate seat or stay the course. Her term runs through the end of next year.
Prior to her political career, Mitchell was a broadcast meteorologist for KSTP-TV and MPR News and she also served in the National Guard, a post she gave up after her arrest.
Her standing has significant ramifications on the Senate as a whole. Democrats hold a 34-33 advantage. Any departure would put the chamber on the line in a special election. While her Woodbury district has elected Democrats in recent cycles, it could be more competitive in a special election where turnout tends to be lower than a general election and loads of campaign money washes in.
Senate Majority Leader Erin Murphy, DFL-St. Paul, made clear after the verdict that Mitchell needs to go. She said Mitchell previously told colleagues she would resign her seat if a jury found her guilty.
She’s been under political pressure for more than a year. Some of her colleagues had been willing to give her room as the case played out. But now Murphy says the circumstances have changed.
“The case’s resolution brings clarity to the situation. Senator Mitchell has told colleagues that she intended to resign if found guilty of this crime, and I expect her to follow through on that pledge,” Murphy said.
Senate Minority Leader Mark Johnson, R-East Grand Forks, echoed that. He said his caucus would move to expel Mitchell barring a resignation.
In a statement, he said the conviction “leaves the body with a stain on its record for every time her vote was the deciding vote in passing legislation. Senate Republicans have been clear since day one that this conduct is unbecoming of a senator and we expect her immediate resignation from the Senate.”
Minnesota’s Constitution gives the state Legislature the authority to punish members for disorderly behavior. It spells out that two-thirds majority support in either chamber is needed to expel a lawmaker.
Efforts to remove legislators, including Mitchell, have been considered in recent history but they’ve all failed. The Senate Subcommittee on Ethical Conduct had paused consideration of an ethics complaint against Mitchell until the trial had concluded.
Several motions from Republicans on the Senate floor to remove Mitchell have been ruled out of order.
Mitchell’s term runs through 2026. With the criminal case cloud over her, she barely raised any campaign money in 2024 and ended the year with about $17,500 in the bank. Top Senate races consume many times that.
Her situation is the latest blow in a seven-month period of upheaval at the Minnesota Capitol. Control of both chambers could soon be decided in off-year special elections.
This would be the third special election for a Senate seat in 2025 alone.
Last December, former Senate Majority Leader Kari Dziedzic died after months of cancer treatments and surgeries. Another DFLer was elected to succeed her in late January.
GOP Sen. Justin Eichorn of Grand Rapids was charged with attempted solicitation of a minor after a sting operation in March. He resigned his seat as the Senate was preparing to expel him based on the charges. A Republican won the race to replace him.
The House hasn’t been immune either.
After voters delivered a 67-67 House in November, the numbers quickly changed.
Less than two months after the 2024 election, a Democrat elected to the House in the Roseville area was disqualified due to residency problems. The House was virtually paralyzed for months while the race to fill the seat was held, an election Democrats prevailed in and left the House evenly split again.
Then last month, DFL House Leader Melissa Hortman and her husband, Mark, were gunned down in their home. A special election for her seat is scheduled for September. Candidate filing closes on Tuesday.
This is all taking place with Minnesota’s Legislature as tightly divided as it has been in state history.