A Minnesota District Court judge ruled Friday that Democrat Curtis Johnson did not meet the residency requirement to serve in the state House, preventing him from receiving his election certificate and mandating a special election to fill the seat. Judge Leonardo Castro’s scathing opinion stated that Johnson failed to demonstrate the required six-month residency in the district prior to the November election. Castro emphasized the fundamental importance of residency requirements for representative government, writing, “Obtaining a lease and changing your voter registration does not satisfy this requirement; meaningful physical presence is required to show genuine intent to reside in the district. The people of 40B deserve no less.” Johnson can appeal the decision to the Minnesota Supreme Court.
This ruling temporarily shifts the balance of power in the Minnesota House to Republicans, giving them a 67-66 majority. House District 40B, which Johnson won by a significant margin, is considered a safe DFL (Democratic-Farmer-Labor) seat and is expected to return to DFL control after the special election, though that will not occur immediately. Republicans intend to utilize this temporary majority to elect a House speaker and committee chairs. Rep. Lisa Demuth, R-Cold Spring, is the likely candidate for Speaker, although 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 House after the special election, provided she maintains Republican unity.
Rep. Demuth welcomed the court’s decision, stating, “With the overwhelming evidence we heard during the trial that the Democrat candidate in Roseville never lived in the district, I applaud the court’s decision…This is a clear reminder that laws matter, and integrity in the election process is non-negotiable.”
Johnson’s Republican opponent, Paul Wikstrom, initiated the election contest 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 fulfill residency requirements. Wikstrom’s campaign employed an “investigative team” to monitor Johnson’s movements, noting frequent trips to his Little Canada home. The team also contacted Xcel Energy and Comcast, receiving the impression that the Roseville apartment lacked utility service. Furthermore, a campaign staffer observed that the apartment door was dusty and showed no signs of recent use.
*By Michelle Griffith, Minnesota Reformer, December 20, 2024*