DFL candidate who won Minnesota House seat did not meet residency requirements, judge rules
MINNEAPOLIS — A DFL state representative-elect did not meet residency requirements for the district he won and is not eligible to serve in that office, a judge ruled Friday.
Ramsey County District Court Judge Leonardo Castro said Curtis Johnson, the Democrat who won the race for Minnesota House District 40B covering Roseville and parts of Shoreview, did not live in the district six months before the election as is required by the state constitution.
The ruling bars Johnson from taking the oath of office when lawmakers return for session on Jan. 14 and orders that the seat "shall be filled according to law," which would require a special election.
"This is not a suggestion nor an inconvenience," said Castro of the residency requirements outlined in the state constitution. "The reasons for the mandate are obvious and axiomatic to our representative form of government."
The decision tips the balance of power — at least temporarily — from a 67-67 tie among Republicans and Democrats to a one-seat GOP majority. That slim margin is not enough to pass legislation without DFL buy-in — 68 votes are required to approve bills on the floor — but it would allow Republicans to pick a speaker and make other decisions about how the chamber operates.
WCCO reached out to attorneys for both Johnson and Paul Wikstrom, the GOP candidate who filed the challenge, for comment but has not heard back.
Johnson will appeal the decision to the Minnesota Supreme Court, according to DFL House Speaker-Designate Melissa Hortman, who in a statement said she expects the highest court will dismiss the case.
"The court erred as a matter of law in not dismissing this case. A residency issue must be resolved before an election and is not an appropriate basis for an election contest," Hortman said. "The Republicans are seeking to do in court what they were unable to do at the ballot box. Curtis Johnson won District 40B by 7,503 votes, and no court should lightly overturn the will of the voters."
Wikstrom filed an 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, which is now part of another state House district after the redistricting process following the most recent Census, court documents say. 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.
Wikstrom's campaign monitored the home in Little Canada, documenting photos and videos showing Johnson's car regularly in the driveway. The court concluded, according to the judge's order, that Johnson didn't move many belongings into the apartment before mid-October and didn't spend much time there.
"Contestant Paul Wikstrom has proven by clear and convincing evidence that Curtis Johnson did not reside in Minnesota House District 40B for the entirety of the six months prior to the general election. Curtis Johnson's own testimony revealed he did not reside and maintain a regular abode within House District 40B before mid-October 2024," Castro wrote.
GOP House Speaker-designate Lisa Demuth in a statement praised the decision.
"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 to grant the election contest and look forward to ensuring that a valid candidate represents District 40B during the upcoming legislative session," Demuth said. "This is a clear reminder that laws matter, and integrity in the election process is non-negotiable."
There is a separate election contest for a Shakopee state House seat whose outcome could further alter the makeup of the chamber. At issue are 21 missing ballots in a race decided by 14 votes. A judge could make a decision in that case by early January.
If there is a new special election for either seat, both would fall as the legislative session is already underway.
