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The resignation of State Senator Nicole Mitchell will leave the State
Senate with even numbers of Democrats and Republicans. A special
election will break the tie.

For more than a year, State Senator Nicole Mitchell operated on the
periphery of the Minnesota Legislature as she awaited trial on felony
charges.

Her fellow Democrats, who hold a one-seat majority, continued to rely on
her vote, but no longer included her in caucus meetings or committees.
All the while, Republicans were trying to expel her from the chamber.

On Monday, just days after a jury convicted her of burglary, Ms.
Mitchell said she would soon step down. That decision could tip the
balance of power in the State Capitol, leaving the Senate with an even
number of Democrats and Republicans until a special election can be held
to fill her seat.

By stepping down, Ms. Mitchell, is likely to avoid the possibility of
being removed from office. The decision also gives her party a chance to replace her and regain a majority if they win a special election. Ms.
Mitchell carried her district in the suburbs of Minneapolis and St. Paul
by a nearly 18-point margin in 2022.

Ms. Mitchell was arrested in April 2024 and accused of breaking into her stepmother’s home. She maintained her innocence after her arrest, and
for more than a year resisted calls by Republicans for her to resign or
be expelled.

After a jury in Becker County convicted Ms. Mitchell on Friday of two
felony charges, legislative leaders from both parties said they expected
her to resign. Gov. Tim Walz, a Democrat, is expected to call a special election in the district, which is considered solidly Democratic.

Ms. Mitchell faces up to 20 years in prison on the more serious charge
on which she was convicted. She has been allowed to remain free ahead of
her sentencing.

Ms. Mitchell announced her resignation on Monday in a statement
distributed by one of her lawyers, Dane DeKrey. The statement said she
planned to work on finishing up legislative projects, helping staff
members find new employment and arranging new health insurance for a
family member before resigning on or before Aug. 4.

“Once these tasks are completed, Senator Mitchell will tender her resignation,” the statement said. “It was the honor of her lifetime to serve her district and the state of Minnesota.”

In Minnesota, a felony conviction does not automatically disqualify
someone from holding or running for elective office. But the State
Constitution requires lawmakers to be “qualified voters,” which excludes people while they are incarcerated for felony convictions. Whether that provision applies to lawmakers at all points in their terms, or only
when they are running for the office, was unclear, experts said.

Ms. Mitchell’s trial was watched closely because both chambers of the Minnesota Legislature are narrowly split between Republicans and
Democrats, and a series of uncommon circumstances have recently tested
those margins.

https://www.nytimes.com/2025/07/21/us/nicole-mitchell-minnesota-senate-de mocrats.html

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