Capitol View for February 14

Good morning. I'm not running for Senate, either.

The first big quake in the 2026 election came yesterday when Sen. Tina Smith said what many were suspecting: She isn't running again. It brings the first open Senate seat in Minnesota since 2006. And it sent potential candidates scrambling for ... a place on the might-run lists. Only Lt. Gov. Peggy Flanagan said she intends to run. A lot of "considering it" answers and more often surrogates making sure their preferred person was noted. Some didn't want to announce their intentions on the same day as Smith was getting recognized by fellow DFLers for six years (with two more to go) on the job after a longer career in public service. I spoke to Smith an hour after the news dropped. She was relaxed and munching on pizza sent to her office by a Democratic colleague. "I've been leaning this way quite awhile," she said. Smith said not having to worry about a campaign will allow her to focus for the final two years and she feels good about the chances of Democrats holding the seat. "I'm not one of those politicians who feels like they're the indispensable person."

The list of lookers will be longer than the one of actual candidates. But Flanagan was first through the door . "My intention is to run for Senate and continue to serve the people of Minnesota." She said she'll say more "soon." Gov. Tim Walz didn't rule it out either. If both run, whoa! Democrats don't always follow the party endorsement process so there's room for more than one person to take it to an August 2026 primary. Republicans are much more endorsement disciplined, although there are some people who want the GOP to break from that pattern. They say the endorsement process leads to unelectable candidates in the general election. There also could be involvement from President Donald Trump, who is known for clear-the-field endorsements. The Senate GOP served notice it sees Minnesota as on its map for 2026.

Legislative recall petitions have started flowing in. The one furthest along in a lengthy process is against a Republican. A group of voters in Rep. Duane Quam's district near Byron filed the required number of signatures to get that recall before the Minnesota Supreme Court, which will determine next steps if any. The petition cites the grounds as serious malfeasance connected to "conducting business and voting on legislation at the Capitol during period of no quorum." Six petitions filed by Republicans against DFLers were submitted to the Secretary of State's Office yesterday. They related to the DFL boycott that lasted more than three weeks. The candidates facing potential recounts are: Reps. Melissa Hortman of Brooklyn Park, Brion Curran of Vadnais Heights, Kristin Bahner of Maple Grove, Lucy Rehm of Chanhassen, Steve Elkins of Bloomington, Julie Greene of Edina. A helpful recall petition decision tree can be found here.

By a quirk of timing, former Sen. Al Franken was being interviewed yesterday by MPR's Tom Crann. It had been on the books for a bit. Franken preceded Smith in the Senate. Some of his fans have held to the belief that he was run out of the Senate in 2017 without getting to make his case against multiple accusations of sexual harassment. Some took to social media Thursday to call for a Franken return to office. The now-podcaster emphatically said "no" when asked if he's considering a new campaign. He went on: "Well, basically it's because I have been living in New York mainly because I have grandchildren here and I have grandchildren in LA. So I spend some time in Minnesota. We still have a place there. But I vote now — because I spend more time in New York than I spend in Minnesota — I have to vote in New York. I don't think I'd win. That's one thing."

Another lawsuit has been filed over the 2024 megabill that spanned more than 1,400 pages. This one is from the Minnesota Chapter of the Associated Builders and Contractors. Like a gun lawsuit the day before, the construction trade group is challenging a set of new wage and benefits standards based on the fashion in which the bill was assembled. The lawsuit contends the budget and policy violates the single subject clause. The group is seeking an injunction to bar enforcement by the Department of Labor and Industry. This case was filed in federal court while the challenge to a gun trigger accessory ban was filed in state court. Several lawsuits are pending from the 2023-24 legislative session product.