Lawsuit challenges DFL Rep.-Elect residency, could tip balance in Minnesota House

ROSEVILLE, Minn. (FOX 9) - The Minnesota House of Representatives is in a deadlock for the balance of power, but a lawsuit has been filed contesting one of the races, claiming the winner lives outside the district. 

DFL Rep.-Elect Curtis Johnson won District 40B by 30 points. But his GOP challenger, Paul Wikstrom, says Johnson’s primary residence isn’t in the district, and according to state statute, that is a violation of election residency requirements.

The lawsuit says that in March, Johnson signed an apartment lease at Rosedale Estates in Roseville, then registered in May to be in the state primary. While campaigning, Wikstrom encountered a former Roseville city council member who made him aware that his opponent recently leased a studio apartment in the district.

In August, Wikstrom’s campaign team then started monitoring when Johnson was coming and going from his Little Canada home to his Roseville apartment.  

"They set up observers and claim to have 60 photos and observations showing that the Democrat had a studio apartment but did not stay there. Instead, he stayed at his house with his family, which is outside the district. They're going to court. They're going to challenge whether the Democrat violated the residency requirement in Minnesota statute," said Larry Jacobs, Political Science Professor at the University of Minnesota. 

The lawsuit says Johnson’s vehicles were in Little Canada in the morning and evening, and he did not appear to be at the Roseville apartment at all.

Entered in as evidence are detailed time logs, videos, and more to prove to the judge that Johnson does not live in the apartment.

"This could be an opportunity for Republicans to pick up a seat. If they do, then they'll have the majority, and that would be even more trouble for the Democrats. I think this is probably going to be expedited in the courts. They'll want us, you know, to solve this so that the legislature can be prepared for opening session on time," said Jacobs. 

The Minnesota statute does say, that at the time of the general election, a candidate must have lived in the state for one year and lived in the district for six months. 

FOX 9 reached out to all parties involved and haven’t heard back.