Last week a Ramsey County judge ordered Curtis Johnson to not take the oath of office in January because he was found not to be a resident of the district in which he ran. On Friday, Johnson told Gov. Tim Walz he will not appeal the district court’s ruling.
Alpha News was the first to report in October the issues involving Johnson’s residency status in House District 40B, which includes Roseville and part of Shoreview.
“While I disagree with the conclusions reached by the District Court, I recognize that whatever the decision on appeal, the ultimate decision belongs to the Legislature, where it appears there is no viable pathway for me being allowed to retain my seat,” Johnson, of Little Canada, wrote the governor in a letter dated Dec. 27, which he published on social media.
“Rather than dragging this out further, I have decided to resign now, so that a special election can be held as soon as possible and the people of 40B will be represented in the Legislature.”
Johnson’s letter to Walz comes just seven days after Rep. Melissa Hortman, the ranking Democrat in the Minnesota House, released a statement promising Johnson would appeal the ruling.
While Hortman, an 11-term DFLer from Brooklyn Park, ignored Alpha News’ requests for comment on the judge’s ruling last Friday, she circulated a press statement alleging the district judge “erred as a matter of law in not dismissing this case.”
“Republicans are seeking to do in court what they were unable to do at the ballot box,” Hortman added. “Curtis Johnson won District 40B by 7,053 votes, and no court should lightly overturn the will of the voters.”
In her statement, Hortman did not address Judge Leonardo Castro’s ruling that Republican Paul Wikstrom had “proven by clear and convincing evidence that Curtis Johnson did not reside in Minnesota House District 40B for the entirety of the six months prior to the (Nov. 5) general election. Johnson’s own testimony revealed that he did not reside and maintain a regular place of abode within House District 40B before mid-October, 2024.”
Wikstrom filed a lawsuit contesting the election on Nov. 20. The complaint alleged Johnson was not a resident of his district and provided hundreds of pages of details documenting that he didn’t actually live in a Roseville apartment he had leased earlier this year, and was still living at his house outside the district in Little Canada.
Since the judge’s order was published last Friday, Republican leaders in the House have maintained they now have an “organizational majority” to elect a speaker, organize committees and control which bills move to the House floor.
“I am pleased that Mr. Johnson has accepted the court’s clear decision that there should be a special election to ensure that residents of 40B are represented by someone from their own district,” House Speaker-designate Lisa Demuth, R-Cold Spring, said Friday. “This confirms that Republicans will have an organizational majority on day one, and we look forward to ensuring that a valid candidate represents District 40B in the upcoming legislative session.”
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.
The legislature begins its new session on Monday, Jan. 14. Gov. Walz ordered a special election to fill Johnson’s vacant seat for Jan. 28.
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.
