(ABC 6 News) – The Minnesota legislative session is set to begin on Tuesday, January 14, but vacant seats in both chambers have caused the division of power to be uncertain.

Following election day, the Minnesota house was set to be evenly split, with 67 Republicans and 67 Democrats, but now Republicans will hold a temporary one-seat majority.

Democrats will enter the session with only 66 representatives, after a judge ruled newly elected Democrat Curtis Johnson ineligible for seat 40B, saying he did not meet the residency requirements.

A special election will be held on January 28 to fill Johnson’s seat, but in the meantime, Republicans plan to elect Lisa Demuth (R-13A) as house speaker and name Republican committee chairs.

‘There is no longer a tie in the state of Minnesota. Democrats will be coming in with 66 members. That gives us an organizational majority that we fully intend to exercise that right,” said Demuth.

However current DFL house speaker Melissa Hortman (DFL-34B) says without a power-sharing agreement, Democrats will not show up for opening day of the session, and maybe not for two weeks until the special election, when they expect to regain control of Johnson’s seat.

“She never did say that they have a quorum. She knows they don’t have a quorum. She assumes that we’re going to show up. We’re not going to show up and have them illegitimately seize power,” said Hortman.

Meanwhile in the state senate, even more chaos is unfolding.

On Friday, DFL Senator Nicole Mitchell requested to postpone her criminal burglary trial until after the session concludes in May. Mitchell is accused of breaking into her stepmother’s home in Detroit Lakes last April. She has pleaded not guilty.

Republican Senator Carla Nelson sent ABC 6 News a statement saying:

“I am reminded of the old legal maxim: ‘justice delayed is justice denied.’ Postponing Senator Mitchell’s trial until after session would be a significant misalignment of priorities, which should be first and foremost justice for the victim of this crime. Senator Mitchell’s constituents, the Minnesota Senate, and most importantly, Senator Mitchell’s victim deserve a speedy resolution to this case.  

“Senator Mitchell continues to cast votes while facing a serious accusation of felony burglary. This has eroded trust in the institution, and it should be resolved as soon as possible.  

“Decisive action is not only warranted; justice requires it.” 

With Mitchell still on the floor, the Minnesota Senate is evenly split 33-33, following the death of Sen. Kari Dziedzic in December. Her seat will also be filled in a special election on January 28.