Republicans gain edge in Minnesota House after DFLer drops out over residency case
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Republicans will start the 2025 legislative session with a Minnesota House majority — at least for the purposes of organizing the chamber — now that a DFL candidate has opted against appealing a court defeat.
Last week, a Ramsey County judge disqualified Rep.-elect Curtis Johnson on residency grounds amid a challenge by his Republican opponent. Johnson said Friday in a Facebook post that he would let the ruling stand despite his belief it was wrong.
Johnson said it became clear “there is no viable pathway for me being allowed to retain my seat.”
In a letter to Gov. Tim Walz, Johnson said he would give up the seat “immediately and irrevocably.” That paved the way for the governor to call a special election just a couple of weeks into session.
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The outcome gives Republicans a 67-66 edge until the seat is filled in a special election. The election won’t occur until Jan. 28, with candidate filing closing on Dec. 31. The next session starts on Jan. 14.
Republicans said they were evaluating whether the rapid timing was legitimate.
The court ruling said Johnson had failed to properly establish residency in the Roseville-area district within six months of the November election. Johnson owns a home in Little Canada, but he had rented an apartment inside the district’s borders. He had said his family was searching for a permanent house.
Paul Wikstrom, who lost to Johnson by a wide margin, sued over the election. He and allies presented evidence that suggested the living arrangement was a sham. Ramsey County District Court Judge Leonardo Castro found that there were too many questions and inconsistencies with Johnson’s account and declared him ineligible to hold the seat.
Republican Rep. Lisa Demuth, who is in line to become House speaker, said she is pleased by the decision to end the legal dispute.
“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,” Demuth said in a written statement.
That interpretation is also in dispute by the House DFL. A caucus spokesperson insisted “68 members are required to conduct House business.”
In an interview with MPR News, Demuth raised questions about the quick turnaround for an election. She said state law appears to be clear that no election could be scheduled until the House convenes and the seat is declared empty at that point due to a successful legal challenge. She said Johnson is attempting to relinquish a seat he never legitimately held.
The timing matters because a delayed election would extend Republican control of the House for longer.
"My hope would be that the governor would reevaluate the decision that he came out with and recognize that he, along with everyone else, needs to follow the statute," Demuth said Friday.
A spokesperson with the Secretary of State's office tells MPR News that Johnson's letter sufficiently creates an imminent vacancy. The special election writ cites another law that allows for planning of a special election when a vacancy is “certain to occur.”
DFL Rep. Melissa Hortman, the current House speaker, expressed confidence her party would win a special election.
“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 in a written statement. “We expect the district will again vote to elect a Democrat by overwhelming margins.”
DFLers initially said Johnson would appeal, but doing so would have required him to post bond and could have put him on the hook for legal fees for him and Wikstrom.
While Walz and a Senate narrowly controlled by the DFL could stop Republicans from passing any bills into law, they could use the slim majority to further party goals.
They will have working control of committees, allowing them to advance bills to the floor for votes. It takes 68 votes to pass a bill, but some Democrats from swing areas could face tough decisions on legislation. Republicans can also begin long-desired investigations into the Walz administration and problems agencies have had stopping fraud in programs.
A second legal dispute over the November election remains.
In a Shakopee-area race, DFL Rep. Brad Tabke’s 14-vote win was challenged in court. Republican Aaron Paul argues the election is invalid because 20 ballots were cast but never counted before disappearing. A trial last week included testimony from voters who submitted those ballot; they appeared to show Tabke’s lead is durable.
A judge is deciding whether to order a new election. The House has the ultimate power to determine its membership and could move to deny Tabke’s seating when the House begins regardless of what the judge rules.