Nicole Mitchell to resign from Minnesota Senate after burglary conviction
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Democratic state Sen. Nicole Mitchell announced through her attorneys Monday that she will give up her seat by early August after her conviction on felony burglary charges.
It forces the Minnesota Senate into another period of political uncertainty and follows widespread calls for her to resign or be forced out if she doesn’t.
The law firm that represented Mitchell in the burglary case outlined four reasons for delaying its effective date to “no later than August 4, 2025, at 5 p.m.”
They said the delay is designed to help her finish up some remaining work on projects and for constituent services. It will also allow legislative staff bridge employment given that their jobs might also be in doubt. Health insurance for Mitchell’s family was also a consideration because she was on a state policy and this extends that coverage for another month.
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She will likely draw another public paycheck under the delayed resignation.
Dane DeKrey, one of Mitchell’s attorneys, said there wasn’t prior discussion of a resignation plan as the case went to trial last week.
“It didn't make sense for us to do these things in advance because that would essentially be I think admitting or thinking you might lose. And so we put our heart and soul into this case and into this trial,” he said in a telephone interview with MPR News. “And now that the results are what they are, she's pivoted, and she wants to leave her seat in good working order for whoever will fill it next.”
DeKrey said no decision has been made on an appeal, which couldn’t come before sentencing on Sept. 10.
“Every political angle that people have been asking me about will almost certainly be done by then,” he said. “But given this timeline, she will for sure no longer hold her Senate seat by the time an appeal might even change the trajectory of this case.”
Mitchell’s departure will affect the membership of the Senate.
It could have led to a 33-33 tie, pending yet another special election with a winner-take-the-majority outcome on the line. But late Monday, Senate Republican leaders announced the unexpected death of one of their members, GOP Sen. Bruce Anderson of Buffalo. That leaves their caucus at 32 members until a special election in that district.
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 her 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, is leaving with more than a year left on her term.
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.
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 needed to go. She said Mitchell previously told colleagues she would resign her seat if a jury found her guilty.
Mitchell has been under considerable 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 said the circumstances have changed.
Murphy appeared to welcome the announcement Monday, saying, “Nicole Mitchell has gotten the due process she is entitled to and was convicted by a jury of her peers.” She didn't comment on the timing of the departure.
Senate Minority Leader Mark Johnson, R-East Grand Forks, echoed that. He said his caucus would move to expel Mitchell barring a resignation. He said Mitchell’s move to step down was overdue and voiced frustration to Mitchell’s delay in resigning.
“Senator Mitchell was convicted of two felonies; she doesn’t get to give the Senate two weeks’ notice,” Johnson said. “Democrats shielded Mitchell for 15 months to protect their political power, but a jury needed just three hours to confirm what was already clear: she shouldn’t be a senator. Not after April 22, 2024. Not in January of 2025. And not today.”
Minnesota Republican Party Chair Alex Plechash also expressed frustration about Mitchell’s timing for stepping down.
“Nicole Mitchell was convicted of felony burglary last week. Instead of doing the right thing and stepping down immediately, she now plans to stick around for another two weeks — just long enough to collect another taxpayer-funded paycheck,” he said. “Let’s be clear: This is not public service — it’s self-serving. And it’s disgraceful.”
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.
The elections to replace Mitchell and Anderson in the Senate will be the third and fourth special elections 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.
