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Judge rules MN-40B winner doesn't live in district
Republican Paul Wikstrom challenged the election results of Minnesota House District 40B, and was successful after a judge's ruling. Wikstrom argued that his DFL opponent, Curtis Johnson did not actually live in District 40B.
ST. PAUL, Minn. (FOX 9) - Republican Paul Wikstrom's residency challenge of Minnesota House District 40B is successful.
What we know: Ramsey County Judge Leonardo Castro granted Wikstrom’s election contest of DFL Rep.-elect Curtis Johnson’s victory in 40B, which covers Roseville and Shoreview.
Minnesota House tie is temporarily broken
Why you should care: The successful challenge temporarily breaks the 67-67 tie in the Minnesota House, giving House Republicans a 67-66 majority over the DFL.
What’s next: Johnson can still appeal the order, but if that is unsuccessful, then 40B is likely headed toward a special election in February. Johnson won this year’s election by more than 30 points and 40B has been a safe DFL seat.
From Judge Castro’s order: "Unless this matter is appealed to the supreme court, the court administrator shall transmit the findings, conclusions, orders, and records of the proceeding to the Chief Clerk of the Minnesota House of Representatives no later than January 14, 2025 (the first day of the legislative session). The seat for Minnesota House of Representatives District 40B shall be filled according to law."
What they’re saying: GOP Speaker-designate Lisa Demuth (R-Cold Spring): "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. This is a clear reminder that laws matter, and integrity in the election process is non-negotiable."
Minnesota House Speaker Melissa Hortman, a Democrat, said: "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. We will appeal to the Minnesota Supreme Court, and expect the Supreme Court will dismiss the case. 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."
What happened?
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MN House 40B challenge: What it means
A residency challenge of the Minnesota House District 40B election result is successful. A 67-67 tie in the Minnesota House is broken, temporarily, but a special election is likely to fill the seat.
The backstory: Wikstrom argued that Johnson’s primary residence isn’t in the district, and according to state statute, that is a violation of election residency requirements. The Minnesota laws says, 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.
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Lawsuit over residency could change MN House
A lawsuit has been filed challenging an elected DFL Representative's residence in District 40B, claiming he does not live in the district, which is required by state law.
The lawsuit said 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.
The lawsuit said 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.