Republican leaders in the Minnesota House of Representatives spoke with Alpha News Friday afternoon and said they are moving forward with plans to assume a one-seat majority when session begins on Jan. 14.
That declaration comes on the heels of a Ramsey County judge’s order earlier in the day to enjoin DFL legislator-elect Curtis Johnson from “taking the oath of office” as a member of the House. If that vacancy holds into the first day of the 2025 legislative session, then Republicans would officially have a 67-66 advantage in the House over their Democratic colleagues.
“We know that with the ruling from the judge today that Curtis Johnson is enjoined from taking the oath of office and acting as a member of the House of Representatives,” Rep. Lisa Demuth, R-Cold Spring, the chamber’s top-ranking Republican, told Alpha News. “That clearly says [Johnson] will not be there on [Jan. 14] unless he appeals to the Supreme Court and they rule in a different direction.”
“We have an organizational majority and are fully functional as the majority to elect a speaker, organize committees and move bills through to the House floor,” added Demuth, who last month was reelected by incoming Republicans to serve as their caucus leader for the next two years. With the one-seat advantage, Republicans would be able to elect her speaker of the House.
While 68 votes are required to approve bills on the House floor, the 67-66 margin would also allow the GOP caucus to assume outright control over the chamber’s various legislative committees.
Rep. Melissa Hortman, the top-ranking member of the House DFL caucus, did not return requests seeking comment on Friday. In the days following the Nov. 5 election, Republicans and Democrats had developed a power-sharing agreement in the event a 67-67 tie among their members would hold.
Alpha News also reached out to Johnson and the attorneys representing him in the lawsuit. Charlie Nauen, a well-known, Democrat-allied lawyer on the team representing Johnson in the case, didn’t respond to requests for comment.
On Friday, two weeks after a three-day evidentiary hearing on the lawsuit had concluded, Judge Leonardo Castro issued his findings.
“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 the order he distributed to the parties on Friday morning. “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.”
Before the ruling, some in political circles at the Minnesota Capitol had speculated the judge’s ruling would serve as an advisory opinion that would allow Republicans the opportunity to vote on the House floor to revoke Johnson’s election certificate.
But Rep. Harry Niska, R-Ramsey, said Judge Castro ruled that there was “clear and convincing evidence that Johnson doesn’t live in the district, and that his testimony was not credible.”
“The Minnesota Constitution requires members of the legislature to reside in their districts for six months before an election,” said Niska.
When asked whether he thought his legislative colleagues among the DFL caucus would respect the outcome of the lawsuit, Niska didn’t mince words.
“I certainly would hope nobody would turn a blind eye to something as blatant as this,” he said. “This is a very serious ruling, and I think all members of the Minnesota House of Representatives need to take it very seriously as we begin the legislative session.”
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.
