After a judge ruled he didn’t live in the district, a Democratic-Farmer-Labor legislative candidate won’t take the seat he won in the November election. The move will grant Minnesota Republicans at least a temporary majority in the House when the Legislature convenes on Jan. 14.
Curtis Johnson, a DFLer who defeated his Republican opponent in House District 40B by 30 points in the November election, said Friday he won’t take office. The announcement comes after Ramsey County District Judge Leonardo Castro ruled Johnson did not establish residence at a Roseville studio apartment he had leased earlier this year, making him ineligible to take office in January, ruled last week.
“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 said in a news release. “Rather than dragging this out further, I have decided to resign now, so that a special election can be held as soon as possible.”
Curtis Johnson. (Courtesy of the candidate)
Rumors that Johnson continued to live at his house outside the district in Little Canada swirled in political circles months before the election, but it was an investigation and post-election lawsuit filed by Republican candidate Paul Wikstom that resulted in Johnson’s disqualification. Wikstrom, of Shoreview, sought to nullify the results of the Nov. 5 election before the start of the 2025 legislative session and asked for a special election.
Minnesota’s state Constitution requires legislative candidates to live in their district for six months before an election.
Johnson, a member of the Roseville school board, has owned a house with his wife in Little Canada since 2017, and said he got a studio apartment at Rosedale Estates in District 40B in March. The apartment complex is on Rice Street in Roseville, about a mile and a half southwest of his family’s home.
But a month of daily surveillance of Johnson’s home, a lack of regular activity at his apartment, and other evidence, such as a lack of utility hookups, proved Johnson didn’t actually live in the district and “never intended” to, Wikstrom claimed in his lawsuit. After reviewing evidence and testimony at hearings earlier this month, the district judge ultimately agreed.
Balance of power
Voters elected a 67-67 partisan tie in the Minnesota House of Representatives in November, but Johnson’s early resignation will give Republicans a 67-66 majority. In a statement, House republican Speaker-Designate Lisa Demuth said she was pleased with Johnson’s decision. For the time being, it will allow the GOP to take the speakership and other leadership positions.
Lisa Demuth (Courtesy photo)
“This confirms that Republicans will have an organizational majority on day one,” she said. “We look forward to ensuring that a valid candidate represents District 40B in the upcoming legislative session.”
Gov. Tim Walz called for a special election to be held on Jan. 28. It’s a fairly safe Democratic district, meaning Republicans likely will hold a majority for a few weeks. House Speaker Melissa Hortman, DFL-Brooklyn Park, noted this in a statement responding to Johnson’s resignation, and called on GOP colleagues to continue working as though the tie remained.
“This session provides a historic opportunity for the Minnesota House to govern on a bipartisan basis. House Democrats are ready to get to work with our Republican colleagues,” she said. “There is no time to waste on partisanship as we head into session.”
Shakopee race
House District 40B isn’t the only contested race. In District 54A, GOP candidate Aaron Paul is asking for another election after sitting Rep. Brad Tabke, DFL-Shakopee, beat him by 15 votes. The problem in that race, Republicans argue, is that 20 absentee ballots went missing.
However, six voters with missing ballots testified in court this week that they voted for Tabke, more than he would need to rule out a Paul win, according to multiple news reports.
If the judge rules in Tabke’s favor, the election results will stand. Regardless of the result, the DFL will not hold the House majority when the session starts on Jan. 14.
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