A Ramsey County judge issued an order on Friday finding that a DFL legislator-elect “did not meet the residence requirements” to serve as the representative for a north metro district and “is enjoined from taking the oath of office” as a member of the Minnesota House of Representatives.
The decision from Judge Leonardo Castro was released Friday morning. Republican legislative candidate Paul Wikstrum filed the lawsuit last month, alleging that Johnson never established residency in House District 40B. If Johnson appeals the order, the Minnesota Supreme Court would take the case in the coming days.
The judge’s order comes as the incoming House of Representatives is tied at 67-67 among Republican and Democrat members. If Johnson isn’t seated, then Republicans will, at least temporarily, have a one-seat majority in the Minnesota House, which would be enough to elect a speaker. A special election would then be called to fill the vacant seat.
On Nov. 5, Johnson defeated Wikstrum in the House District 40B race to represent Roseville and Shoreview in the House.
The parties met for an evidentiary hearing that lasted through the weekend earlier this month, where Wikstrum presented evidence that Johnson actually lived at his home outside the district in Little Canada, and not at an apartment he was leasing in Roseville.
“Contestee, Curtis Johnson, did not meet the residence requirements and is not eligible to serve as the representative for Minnesota House District 40B,” Judge Castro wrote in his order. “Curtis Johnson is enjoined from taking the oath of office and from acting as a member of the Minnesota House of Representatives for House District 40B.”
BREAKING: A judge rules that MN Democrat Curtis Johnson "did not meet the residency requirements and is not eligible to serve as the representative for Minnesota House District 40B."
The case has huge implications for the tied 67-67 Minnesota House.
Story to come. pic.twitter.com/zy9cLy8eBh
— Anthony Gockowski (@AntGockowski) December 20, 2024
Wikstrum—who first alleged that Johnson was not a resident of House District 40B in October—filed an election contest on Nov. 20 stating that Johnson “falsely claimed residency within the district for which he sought elective office, intending to affect the voting at the election.”
When Johnson filed to run for the seat, he listed an address for an apartment complex in Roseville. Wikstrom’s lawsuit alleged that Johnson falsely represented his residency at that apartment, which sits along Rice Street, north of Interstate 694, even as he continued to live in the home he still owns with his wife in Little Canada.
“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,” said House Speaker-designate Lisa Demuth, R-Cold Spring. “This is a clear reminder that laws matter, and integrity in the election process is non-negotiable.”
This is a developing story. Check back for updates.
Hank Long
Hank Long is a journalism and communications professional whose writing career includes coverage of the Minnesota legislature, city and county governments and the commercial real estate industry. Hank received his undergraduate degree at the University of Minnesota, where he studied journalism, and his law degree at the University of St. Thomas. The Minnesota native lives in the Twin Cities with his wife and four children. His dream is to be around when the Vikings win the Super Bowl.
