A Minnesota judge ruled Friday that Democrat Curtis Johnson did not meet the residency requirement to serve in the state House, triggering a power shift in the state legislature. Judge Leonardo Castro’s decision prevents Johnson from receiving his election certificate and mandates a special election to fill the House District 40B seat.
Castro’s opinion sharply criticized Johnson, stating that simply obtaining a lease and changing voter registration doesn’t fulfill the requirement of residing in the district for six months prior to the election. He emphasized the fundamental importance of residency for effective representation, asserting that “meaningful physical presence” is crucial to demonstrate genuine intent to reside within the district. Johnson, who hasn’t yet commented publicly, can appeal the ruling to the Minnesota Supreme Court.
This decision temporarily grants House Republicans a 67-66 majority. District 40B, which Johnson won by a significant margin, is considered a safe Democratic seat, and is expected to return to Democratic control after the special election. However, Republicans plan to leverage this temporary majority to elect a House speaker and committee chairs. Representative Lisa Demuth, R-Cold Spring, is the frontrunner for Speaker, although this is contingent on the Supreme Court upholding Castro’s ruling.
While a mid-session speakership change is unusual, Demuth’s position appears secure even if a special election results in a tied House. This is because removing a speaker requires 68 votes, a number beyond the reach of Democrats even after the special election. Democrats, however, contest the Republican claim of a majority, arguing that 68 members are necessary to conduct House business.
Rep. Demuth lauded the court’s decision, highlighting the evidence presented during the trial which indicated Johnson did not reside in the district. She stressed the importance of upholding election laws and maintaining integrity in the electoral process.
The election contest was initiated by Johnson’s Republican opponent, Paul Wikstrom, following an investigation by his campaign team. This investigation involved surveillance of Johnson, alleging he primarily resided in Little Canada, outside the district, while renting a Roseville apartment to meet residency requirements. Wikstrom’s affidavit detailed his campaign’s efforts to verify Johnson’s residency, including contacting utility companies and conducting a physical observation of the Roseville apartment, which reportedly appeared unoccupied.