Could Minnesota lawmakers change the new state flag and seal designs?

MINNEAPOLIS — The panel tasked with finding Minnesota's new state flag and seal has finalized a design for each, and it has a couple of weeks to complete a final report about its decisions.

But will the Minnesota State Emblems Redesign Commission have the final say on the designs?

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A state statute was amended last year to stipulate the flag design noted in the commission's final report, due on Jan. 1. 2024, will indeed be adopted as the new Minnesota flag.  

But that doesn't necessarily mean Minnesota lawmakers can't stand in the way of the commission's decision. It is possible a law could be proposed to override it when the next legislative session begins in February, but that would take more than a simple up or down vote and require majority support.

The DFL-led legislature passed this law empowering the commission to make the final decision on the flag and it would be unlikely for them to undo that work.

And Rachel Aplikowski, media relations director for the Senate Republican Caucus, told WCCO Monday there isn't much of an appetite by her party to counter the law any time soon. WCCO has also reached out to the DFL Majority Caucus for comment.

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But there was clear dissension in Tuesday's meeting and a meeting last week when the commission formally adopted a seal and made some tweaks to the original submission. The loon on the seal will now have red eyes, and the year of statehood (1858) and the state's motto ("L'Etoile du Nord") were removed.

In place of the state motto, the commission pushed for the inclusion of the Dakota word from which Minnesota's name is derived: "Mni Sota Makoce," which translates to "land where the water reflects the clouds."

Rep. Bjorn Olson, R-Fairmont, a non-voting member of the board, has voiced his worry in multiple meetings that the inclusion of the Dakota language on the seal could invite lawsuits and legislative action.

"It will be challenged. I can't promise anything in politics, but as closely as I can, this will be challenged. This will be controversial, and this will not settle the issue," Olson said. "Will we have to go back to these tables and make a new flag and a new seal five years from now? Ten years from now? Let's settle the controversy. Let's put it away. Let's put it to rest. Let's have a seal and a flag that represents all Minnesotans." 

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According to state statute, the new designs "must accurately and respectfully reflect Minnesota's shared history, resources, and diverse cultural communities." However, "symbols, emblems, or likenesses that represent only a single community or person, regardless of whether real or stylized, may not be included in a design."

Olson and Sen. Steve Drazkowski, R-Mazeppa, told reporters Tuesday they want lawmakers to discuss putting the designs on the ballot next year to allow the direct input of voters.

"The people need to be able to speak. That's what it comes down to. Their voice has been squelched. They need the ability to speak and (Olson) and I are going to be bringing forward legislation to allow them that opportunity," Drazkowski said.

The commission scrutinized more than 2,000 design submissions over the past four months, giving the public the chance to give feedback during the entire process.

The official "keeper of the seal" is Minnesota's secretary of state, Steve Simon. He said Tuesday he doubts the legislature could pass a ballot measure asking voters for their input, after consulting with people in his office.  

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"The only statewide votes are for candidates, are for amendments to the Minnesota Constitution," Simon said. "We're not an initiative and referendum state. We don't have any kind, whether it's a flag or a bill or anything else for a vote."

The commission will meet again after Christmas to compile its final report. Unless legislative action halts the process, the new flag and seal will make their debut on Minnesota's Statehood Day, May 11, 2024.

Calls for changing the flag and seal have been growing for years, with proponents stating the main image on the current flag, introduced in 1957, and the seal, created in 1861, includes racist imagery. Both depict a White settler tilling the land as an Indigenous man on horseback rides off into the distance.

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