Court hears ‘staggering’ evidence against DFLer Curtis Johnson in residency dispute

Judge Leonardo Castro presided over three days of evidentiary hearings in which several witnesses testified and hundreds of pieces of evidence were presented. 

By
Hayley Feland
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Johnson
Left: Wikstrom For House/Facebook; Right: Curtis Johnson for State Representative

A judge declined to dismiss a contentious election lawsuit last week that was filed against Minnesota Democrat Curtis Johnson, paving the way for three days of hearings into whether or not he lives in the district he was elected to represent.

Johnson defeated Republican Paul Wikstrom in last month’s election for Minnesota House District 40B. However, after the election, Wikstrom filed an election contest lawsuit against Johnson. In it, Wikstrom says his campaign team gathered evidence showing that Johnson resided at his Little Canada home, outside the district, in the run up to the election.

“Contestee failed to establish residency and remain in the district six months prior to the general election or maintain residency 30 days prior to the general election. Contestee falsely claimed residency within the district for which he sought elective office, intending to affect the voting at the election,” Wikstrom’s complaint says.

In a declaration submitted to the court, Johnson claims he has been living in an apartment he leased in Roseville, within the district, while his wife continues to reside in Little Canada. He also said he would regularly visit the Little Canada home during the campaign and park his car there for extended periods while they were gone on family vacations.

Evidentiary hearings

Judge Leonardo Castro presided over three days of evidentiary hearings from Thursday to Saturday in which several witnesses testified and hundreds of pieces of evidence were presented.

Mitchell Williamson, chair of the conservative organization Renew Minnesota, was in the courtroom all three days and said Johnson had “nothing to offer in defense and the sheer amount of photo/video evidence is staggering.”

For instance, one witness, Williamson said, had “two videos per day of [Johnson’s] car in the driveway” of his Little Canada home.

Others testified that they placed tape on the apartment that Johnson leased in the district in October and it remained sealed for over a week. They provided photographic evidence that supported their claims.

A neighbor said in court documents that she observed Johnson for many months while she was ill and bedridden. She outlined that she watched Johnson keep a “typical 9 to 5 type schedule” at his home in Little Canada for months leading up to the election. “His car would be parked in the driveway all night and into the morning,” the neighbor said.

On Saturday, Johnson’s wife testified and said her husband split his time between the Roseville apartment and their Little Canada home, according to Williamson. She said they hope to find a home in the district by February or March of next year.

Johnson himself also testified and was asked “why the lights were never on in his apartment,” Williamson reported.

“He testified that he doesn’t use lights. He simply walks in, undresses, and climbs into bed. Campaigning is draining,” Williamson wrote. “The defense relied heavily on [Johnson’s] driver’s license, lease for apartment, and voter registration to establish his residency.”

Evidence also points to Johnson and his wife renting a moving pod immediately after the allegations about his residency became public in October. The pod in question is still sitting in the driveway of the home in Little Canada.

Wikstrom said in court documents that his team began a “serious and sustained investigation” of Johnson’s residency after he was tipped off to the allegations by a voter in early September.

“Evidence detailed above demonstrates that [Johnson] resided every day from his filing of the affidavit of candidacy to October 15, 2024 (less than 30 days prior to Election Day) at his Little Canada home. Evidence detailed above further reveals that he has not hooked up utilities to a studio apartment he purportedly leased, and he continues not to have utility service. Evidence detailed above further reveals that he has not spent time at the Roseville apartment in any way that would indicate residency there,” Wikstrom’s attorneys said in the initial lawsuit.

Johnson maintains that he first moved into the Roseville apartment in March and has lived there “ever since.” He said he and his wife continue to search for a house in the district and previously put in an offer on one but were outbid. They have also been dealing with maintenance and upkeep issues that have prevented them from listing their Little Canada home, he said.

The outcome of the case could have significant ramifications for the Minnesota House, which is currently tied at 67 Republicans and 67 Democrats. If Johnson were to be prevented from being seated, then Republicans would, at least temporarily, have a one-seat advantage.

Judge Castro is expected to submit his findings to the legislature before the first day of the legislative session. Ultimately, the situation may come down to a vote in the state House.

 

Hayley Feland

Hayley Feland previously worked as a journalist with The Minnesota Sun, The Wisconsin Daily Star, and The College Fix. She is a Minnesota native with a passion for politics and journalism.

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