Minnesota legislative battle shifted to the state Supreme Court on Wednesday. Minnesota House Democrats and Secretary of State Steve Simon separately asked the court to nullify the Republicans’ actions on the first day of session Tuesday when the GOP convened and elected a speaker without the DFLers present.

While Minnesota House Republicans hold a one-seat majority right now, a special election later this month should put the state House in an even political split. State Democrats called the move to elect a Republican speaker in the meantime unconstitutional.

The 66 members of the Democratic–Farmer–Labor Party (DFL)—Minnesota’s affiliate of the national Democratic Party—elected to the lower chamber did not show up Tuesday; these Democrats argue that work can’t begin until after a January 28 special election takes place to fill an open seat in a blue district.