40B special election prematurely called by Gov. Walz, MN Supreme Court rules
ROSEVILLE, Minn. (FOX 9) - A ruling by the Minnesota Supreme Court on Friday says a special election to fill the seat for House District 40B – left vacant by DFL Rep.-elect Curtis Johnson’s resignation when it was determined he didn’t live in the district he would represent – must be delayed.
40B special election
Dig deeper:
Issued by the court late Friday afternoon, the decision sides with the state’s Republican Party and the Minnesota Voters Alliance, saying that Gov. Walz's declaration of a writ of special election issued on Dec. 27, 2024, was issued prematurely.
As a result, the state "must take all steps necessary" to cancel the vote set for Jan. 28, in turn delaying a potential re-seating.
The ruling could prolong a DFL boycott of the 2025 legislative session pending the results of the special election, which was expected to restore the chamber to a 67-67 tie.
A petition previously made the argument that Gov. Walz called the special election before the seat was vacant, since incumbent Rep. Jamie Becker-Finn (DFL-Roseville), was technically still in office until the session started.
What they're saying:
"We appreciate the Supreme Court’s prompt decision. It is unfortunate that the people of District 40B will have to wait longer to be represented," Rep. Melissa Hortman (DFL-Brooklyn Park) said in a statement on Friday. "Attempts by Minnesota Republicans to delay this election are an attempt to delay the inevitable: Democrat David Gottfried will win this election and the Minnesota House of Representatives will return to a 67-67 tie. When that happens, Democrats and Republicans must have a plan to govern together."
"The court correctly ruled that the governor failed to follow the law in his attempt to speed up the special election to help the political fortunes of the Democrat party," said Rep. Lisa Demuth (R-Cold Spring) in a statement on Friday. "We want the residents of 40B to have representation as soon as possible and look forward to the governor calling a special election pursuant to state law."
Lawsuit allegations
The backstory:
GOP candidate Paul Wikstrom filed a lawsuit alleging that Johnson’s primary residence isn’t in the district, and according to state statute, he was in a violation of election residency requirements.
Minnesota law 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.
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 were detailed time logs, videos, and more to prove to the judge that Johnson does not live in the apartment.
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:
It’s not yet determined when a special election will now occur, leaving House GOP members with a one-seat advantage in the Minnesota House of Representatives to begin the legislative session.
The winner of a Jan. 28 special election would be seated on Feb. 3.