Minnesota House seat going to special election after DFL candidate declines to appeal residency decision
MINNEAPOLIS — A DFL state representative-elect said Friday he will not appeal a judge's ruling that he is ineligible to hold the office because he did not meet residency requirements for the district.
In a letter to Gov. Tim Walz, Curtis Johnson said he has "made the difficult decision not to accept my seat in the Minnesota House of Representatives and to resign from the Office of State Representative effective immediately and irrevocably."
"While I disagree with the conclusion reached by the District Court, I recognize that whatever the decision on appeal, the ultimate decision belongs to the Legislature, where it appears there is no viable pathway for me being allowed to retain my seat," he added.
Johnson's decision means a special election will be held to fill the seat. Walz issued a writ of special election Friday, setting the date for Jan. 28. Candidates must file with the secretary of state and Ramsey County by New Year's Eve.
Earlier this month, a Ramsey County judge ruled Johnson did not live in District 40B for six months before the election as required by the state constitution.
Johnson's GOP challenger, Paul Wikstrom, filed the election contest alleging Johnson did not live in the Roseville apartment he claimed as his residence and instead lived in a house in Little Canada. That city is now part of another district thanks to redistricting following the most recent Census. Johnson said his family considered purchasing a new home in the new district, but decided to rent while they continued their search, which proved harder than expected.
Johnson's refusal to appeal also means the balance of power in the state House will go from a 67-67 tie among Republicans and Democrats to a one-seat GOP majority, at least until the special election is held.
"I am pleased that Mr. Johnson has accepted the court's clear decision that there should be a special election to ensure that residents of 40B are represented by someone from their own district," GOP House Speaker-designate Lisa Demuth said. "This confirms that Republicans will have an organizational majority on day one, and we look forward to ensuring that a valid candidate represents District 40B in the upcoming legislative session."
The GOP's slim majority is not enough to pass legislation without DFL buy-in — 68 votes are required to approve bills on the floor — but it will allow Republicans to pick a speaker and make other decisions about how the chamber operates.
A spokesperson for the the House DFL disagrees that House Republicans have an organizational majority because 68 members are required to conduct House business.
On Friday, DFL House Speaker-designate Melissa Hortman released a statement regarding Johnson's decision.
"Minnesotans delivered a 67-67 tie, expecting all of us to work together. This special election in a safe blue seat does not change that fact. A prompt special election will allow the voters of District 40B to ensure that they will be represented in the Minnesota House for the bulk of the session," Hortman said. "We expect the district will again vote to elect a Democrat by overwhelming margins. This session provides a historic opportunity for the Minnesota House to govern on a bipartisan basis. House Democrats are ready to get to work with our Republican colleagues. There is no time to waste on partisanship as we head into session. Neither party has enough votes to pass a bill on its own, so we will need to work together."
District 40B includes Shoreview and Roseville.
