ROSEVILLE, Minn. — Republicans will start the year with at least a temporary majority in the Minnesota House after a Democrat decided not to appeal a judge’s decision that he failed to establish residency in the suburban district he was elected to represent.
That means Republicans will have a slim 67-66 majority in the House when the Legislature begins Jan. 14. That may not last long because Gov. Tim Walz has already scheduled a Jan. 28 special election in the Democratic-leaning district that Curtis Johnson won by 30 points in November.
“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 his resignation letter Friday. “Rather than dragging this out further, I have decided to resign now, so that a special election can be held as soon as possible.”
Ramsey County Judge Leonardo Castro ruled last week that Johnson didn’t live in the Roseville-area district for the required six months ahead of the election and is therefore ineligible to serve.
Johnson’s Republican challenger, Paul Wikstrom, presented surveillance video and photos in court to show Johnson did not reside in the apartment he claimed as his residence. The St. Paul Pioneer Press reported that the lack of utility hookups and regular activity at the apartment reinforced that conclusion.
Republican Rep. Lisa Demuth, who is in line to become House speaker with the GOP in control, said she is pleased the judge’s decision will stand. Previously, leaders of both parties had been working out a power-sharing agreement given that the chamber was expected to be divided equally 67-67.
“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,” Demuth said in a statement.
Although Democrats argue that Republicans would need to have at least 68 seats to control the House. or pass laws.
The Democrats should be able to stop Republicans from being able to pass laws, but the GOP could still push its agenda. Republicans will have working control of committees to advance bills to the floor, which could force Democrats from swing districts to face tough decisions on bills. And Republicans could try to launch investigations they have been seeking for a long time into the Walz administration and problems it has had limiting fraud.
Democrats had been expecting to have a one-vote edge in the Senate, but that chamber is now evenly split at 33-33 after former Majority Leader Sen. Kari Dziedzic died Friday from cancer. A special election will also be held for her Democratic-leaning Minneapolis district, but that hasn’t been scheduled yet.
Demuth also questioned whether Walz has the power to set the special election so quickly even before the Legislature certifies the vacancy. If that argument prevails that would extend Republican control of the House longer, but the secretary of state’s office told Minnesota Public Radio that Walz’s order setting the special election is proper.
Whenever the election happens, Democrats are confident they will win the seat, current House speaker Rep. Melissa Hortman said.
“A prompt special election will allow the voters of District 40B to ensure that they will be represented in the Minnesota House for the bulk of the session,” Hortman said in a written statement. “We expect the district will again vote to elect a Democrat by overwhelming margins.”
A pending court challenge in a different suburban district could also affect the balance of power in the House, but it appears Democrats will likely prevail in that dispute. Incumbent Democratic Rep. Brad Tabke, of Shakopee, was declared the winner by 14 votes over Republican Aaron Paul despite 20 missing ballots that were accepted but never counted and then apparently thrown away. At a hearing, his attorneys presented six of those affected voters who testified that they supported Tabke, which would be enough to preserve his win. A judge is expected to decide within the next few weeks how to proceed.