Republicans question, criticize special election process in two legislative seats

GOP lawmakers have questioned how a special election can be called for a House seat that is not currently vacant and expressed frustration over the short filing notice in another race.

View of the Minnesota House chambers in the State Capitol Building in St. Paul. (Ben Harding/Shutterstock)

Republican lawmakers voiced questions and criticisms after Minnesota Gov. Tim Walz issued writs of special election for two seats in the Minnesota Legislature.

Specifically, GOP lawmakers have questioned how a special election can be called for House District 40B when the office is not currently vacant. Additionally, Republicans have expressed frustration over the short filing notice that was given in an upcoming Senate special election.

House District 40B

In November, DFL candidate Curtis Johnson won election to the Minnesota House of Representatives in District 40B, a seat which includes much of Roseville and Shoreview. After the election, Johnson’s Republican opponent filed a lawsuit alleging that Johnson did not meet the residency requirements to occupy the seat.

Earlier this month, a Minnesota judge found that Johnson did not meet the residency requirements and was ineligible to serve in the office. Despite having the option to appeal to the Minnesota Supreme Court or let the House rule on the matter, the DFLer published a letter in which he effectively dropped all efforts to take the seat.

As such, a special election for the office will take place.

On Friday, Dec. 27, Gov. Walz called a special election for House District 40B which required candidates to file for the office on Dec. 31 by 5:00pm. The primary in that election is scheduled for Jan. 14, if necessary, and the general election is scheduled for Jan. 28.

However, District 40B is still currently occupied by Rep. Jamie Becker-Finn, DFL-Roseville, and will be occupied by Becker-Finn until the next session of the Minnesota Legislature begins in a week and a half. Because of this, Republican lawmakers have questioned how a special election can be called for a vacancy that has not yet occurred.

Discussing this matter, a spokesperson for the Office of the Secretary of State (OSS) informed Alpha News that Minnesota Statutes 351.055 states the following:

“If a future vacancy becomes certain to occur and the vacancy must be filled by a special election, the appropriate authorities may begin procedures leading to the special election so that a successor may be elected at the earliest possible time.”

“For purposes of this statute, the letter from Mr. Johnson indicating that he would not take office is sufficient to meet the standard of a vacancy certain to occur,” said the OSS spokesperson.

According to the OSS website, five candidates have filed to run in the District 40B election: four DFLers and one Republican. The lone Republican in the race is Johnson’s GOP opponent from last year, Paul Wikstrom. Given Johnson’s 30-point victory over Wikstrom two months ago, the special election for District 40B heavily favors the Democrats.

With District 40B going unfilled until at least the end of January, the Republicans will have a one-seat advantage in the House when the Minnesota Legislature is sworn in on Jan. 14.

Senate District 60

Last week, State Sen. Kari Dziedzic, DFL-Minneapolis, passed away following a battle with cancer. A former Senate majority leader, Dziedzic represented Senate District 60 and was among the chief architects of the DFL’s landmark 2023 legislative session.

Dziedzic’s passing means the Minnesota Senate will temporarily be comprised of 33 Republicans, 33 Democrats, and one vacancy.

On Dec. 30, Gov. Tim Walz called a special election to fill the vacancy in Senate District 60. Like the other writ of special election, candidates were required to file for the office on Dec. 31 by 5:00pm.

As such, the public was given an incredibly short notice about the special election. Multiple GOP members of the Minnesota Legislature criticized the lack of time that was provided.

“One-day notice for a one-day filing period for a Senate seat. Ridiculous,” said Rep. Kristin Robbins, R-Maple Grove. “How can the people have a voice in who their Senator will be when many don’t know about the vacancy or the ONE DAY filing period? The DFL doesn’t care about democracy – they care about power.”

“This is a coordinated decision by Walz and the DFL to ensure only their hand-selected candidates are on the ballot,” said Rep. Elliott Engen, R-White Bear Township, regarding the short timeline.

Alpha News reached out to Gov. Walz for this story but never received a response.

Twelve candidates have filed to run in the Senate special election: three Republicans and nine DFLers. The race for the Minneapolis-area seat also heavily favors the Democrats.

 

Luke Sprinkel

Luke Sprinkel previously worked as a Legislative Assistant at the Minnesota House of Representatives. He grew up as a Missionary Kid (MK) living in England, Thailand, Tanzania, and the Middle East. Luke graduated from Regent University in 2018.