Will a lawsuit a north metro Republican legislative candidate filed last week against his DFL opponent have an impact on the balance of political power at the Minnesota Capitol?
Only time will tell. But a state statute governing contested elections, and a 1979 Minnesota Supreme Court case on the role legislative bodies have in deciding such matters, may provide some clues.
This week, attorneys for Rep.-elect Curtis Johnson, a DFL activist and Roseville Area School Board member, are expected to file an answer to a complaint that his GOP opponent, Paul Wikstrom, filed Nov. 20 in Ramsey County contesting the validity of the Nov. 5 election for a seat representing District 40B in the Minnesota House of Representatives.
Wikstrom’s complaint alleges Johnson hasn’t actually lived in the apartment he leased in the district earlier this year, and instead continued to live in his Little Canada house, outside the district, even in the days leading up to the election.
Johnson “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,” the complaint alleges.
Wikstrom is asking the court to “invalidate and revoke any certificate of election issued to Johnson because of his deliberate, serious, and material violation of Minnesota election law.”
In the complaint, Wikstrum offers dozens of documented instances he says prove that Johnson continued to live in his Little Canada home, including testimonies from a neighbor and evidence gathered by an “investigation team” of campaign volunteers. The evidence demonstrates that Johnson was not actually living at the apartment unit he began renting earlier this year along Rice Street in Roseville, the complaint says.
The lawsuit was filed as Republicans and Democrats in the Minnesota House continue to hammer out details on a power-sharing agreement for the upcoming legislative session based on the presumption that each caucus will hold 67 seats. It would be the first time since 1979 that the GOP and DFL had a 67-67 tie in the state house.
Court ruling 40 years ago affirms House power to revoke election certificate
According to state statute governing contested elections, a judge must convene a hearing on the case by the end of next week, and will have a matter of days to “decide the contest, issue appropriate orders, and make written findings of fact and conclusions of law.” The judge then, “by the first day of the legislative session, shall transmit the findings, conclusions, orders, and records of the proceeding to the chief clerk of the house of representatives or the secretary of the senate, as appropriate.”
In the 1979 Scheibel v. Pavlak decision, the Minnesota Supreme Court ruled that it has “no jurisdiction to issue a final and binding decision in this matter, and our opinion by statute will be and by the Minnesota Constitution must only be advisory to the House of Representatives.”
The Minnesota House of Representatives could then hold a legislative hearing on the matter and consider the opinion of the court as to whether the evidence offered would be enough to vote to revoke Johnson’s election certificate. In the Pavlak case, the House was also tied 67-67 among Democrats and Republicans. According to state statute, Johnson would be unable to cast a vote on the matter.
Wikstrum has referred all questions about the case and anticipated litigation timelines to his attorney, who declined to comment on the lawsuit. In October, Wikstrum told Alpha News that he had talked to people while campaigning “who have told us [Johnson] is still living in his Little Canada address and not in Roseville.”
“If he wants to be a legislator in Minnesota, he should comply with the law just like the rest of us,” Wikstrum said. “I feel an obligation as a candidate in this race to make sure voters know that.”
Alpha News was the first to report on the lawsuit. Both Johnson and House DFL staff did not return requests seeking comment. But Johnson did issue a statement to the Pioneer Press on Friday claiming that he has been living in a Roseville apartment while he and his wife “keep searching for a forever home” in District 40B.
Minnesota House DFL leadership did not return multiple requests for comment last week. But a House DFL spokesperson reportedly told MPR News that “Curtis Johnson lives in Minnesota House District 40B, and we believe this case will be dismissed.”
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.
