ST. PAUL 鈥� Democratic-Farmer-Labor Party Rep.-elect Curtis Johnson announced Friday, Dec. 27, that he will not appeal Ramsey County Judge Leonardo Castro鈥檚 ruling to unseat him in Roseville鈥檚 Minnesota House seat 40B, opening the door for a special election.
The announcement follows a month-long election contest lawsuit surrounding Johnson鈥檚 residency in Roseville. The judge found that Johnson is not legally allowed to serve in the House when the session begins Jan. 14 because he did not reside in his Roseville apartment six months prior to the election, but rather his house in Little Canada.
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鈥淲hile 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,鈥� Johnson said in a statement Friday.
While Johnson could have appealed to the Minnesota Supreme Court, the ruling of the Supreme Court would then be voted on by the Legislature, where Republicans would be voting with a 67-66 majority since Johnson would not have been not allowed to vote on his own seat.
On Friday, Minnesota Gov. Tim Walz ordered a special election to take place Jan. 28. The DFL will be able to put forth a new candidate for seat 40B, where Johnson won
Candidates must file for the election by Dec. 31. Primary elections, if necessary, will take place Jan. 14, Walz directed.
鈥淢innesotans delivered a 67-67 tie, expecting all of us to work together. This special election in a safe blue seat does not change that fact,鈥� Co-Speaker Designate Melissa Hortman, DFL-Brooklyn Park, said in a statement. 鈥淎 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. We expect the district will again vote to elect a Democrat by overwhelming margins.鈥�
Co-Speaker Designate Lisa Demuth, R-Cold Spring, who is set to become the speaker when the session starts, released a statement Friday, saying Johnson's decision means Republicans will have a majority at the beginning of the session.
鈥淚 am pleased that Mr. Johnson has accepted the court鈥檚 clear decision that there should be a special election to ensure that residents of 40B are represented by someone from their own district,鈥� Demuth said. 鈥淭his 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.鈥�
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A spokesperson for the House DFL caucus disagreed with the Demuth's statement that Republicans would hold an "organizational majority" in the chamber.
"The House DFL disagrees that House Republicans have an organizational majority because 68 members are required to conduct House business," the spokesperson said.
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