A Minnesota District Court judge ruled Friday that Democrat Curtis Johnson did not meet the residency requirement to serve in the state House. Judge Leonardo Castro issued an injunction preventing Johnson from receiving his election certificate, ordering that the seat be filled via a special election.
Castro’s opinion sharply criticized Johnson’s claim of residency. He wrote that simply obtaining a lease and changing voter registration didn’t satisfy the requirement of living in the district for six months prior to the election. “Meaningful physical presence is required to show genuine intent to reside in the district,” Castro stated. “The people of 40B deserve no less.” Johnson hasn’t yet responded to requests for comment but could appeal the decision to the Minnesota Supreme Court.
This ruling temporarily gives House Republicans a 67-66 majority. While House District 40B, which Johnson won by a significant margin, is considered a safe seat for the DFL (Minnesota’s Democratic-Farmer-Labor party), the special election to replace him won’t occur immediately. Republicans intend to use this brief majority to elect a House speaker and committee chairs. Rep. Lisa Demuth, R-Cold Spring, is the likely speaker, though a Supreme Court reversal remains a possibility. While changing speakers mid-session is unusual, Demuth’s position would likely remain secure even with a tied chamber after the special election, provided she maintains Republican unity. Demuth publicly applauded the court’s decision, emphasizing the importance of upholding election laws and integrity.
The election contest was initiated by Johnson’s Republican opponent, Paul Wikstrom, following an investigation into Johnson’s residency. Wikstrom alleged that Johnson primarily resided in Little Canada, outside the district, and only rented a Roseville apartment to meet residency requirements. Wikstrom’s campaign conducted surveillance, contacted utility companies to inquire about service at the Roseville apartment (finding no evidence of accounts), and sent a staffer to observe the apartment’s condition (finding it dusty and seemingly unused). These findings were documented in an affidavit submitted as part of the election contest.
By Michelle Griffith, Minnesota Reformer, December 20, 2024
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Michelle Griffith covers Minnesota politics and policy for the Reformer, with a focus on marginalized communities. Most recently she was a reporter with The Forum of Fargo-Moorhead in North Dakota where she covered state and local government and Indigenous issues.
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