When the votes were counted after the Nov. 5 general election, the 134-seat Minnesota State House of Representatives membership was tied at 67 Democrats and 67 Republicans.
As of Dec. 20, that tally temporarily sits at 67 Republicans and 66 Democrats.
The power shift is due to a successful court challenge of the residency of Democratic candidate Curtis Johnson by Paul Wikstrom, his Republican opponent.
Johnson and Wikstrom vied for an open seat in the outer suburbs of Minneapolis-St. Paul created by a recent redistricting. The redrawn district line landed Johnson’s home outside of the new boundary.
Though Johnson won the election by more than 7,500 votes, he will not be taking the oath of office because District Court Judge Leonardo Castro found he “did not meet the residence requirements and is not eligible to serve” as the state representative of House District 40B.
In the 32-page court order, Castro found that Johnson was aware of the problem as early as 2022, and in 2024 he took steps he hoped would satisfy Minnesota’s residency laws.
In March, Johnson rented a studio apartment within District 40B about 1.8 miles from his house, then changed the address on his driver’s license and changed his voting registration address.
Johnson also contacted a realtor to sell his home, but the property didn’t sell. He ordered a portable storage pod and had it placed in his yard in anticipation of moving, according to the order.
The judge cited the Minnesota Constitution’s requirements that a state legislator must have resided in Minnesota for one year, and in the district six months immediately preceding an election, as well as a state statute requiring candidates to sign an affidavit of candidacy affirming, they will have “maintained residence in the district … for 30 days before the general election.”
Constitutional lawyer Erick Kaardal and attorney Nicholas Morgan represented Wikstrom in the case.
Kaardal told The Epoch Times that despite the apparent inconsistency between the Minnesota Constitution and the statute, the court found that Johnson met the requirements of neither.
In its order, the court defined the word “reside” as to live, dwell, abide, sojourn, stay, remain, or lodge, implying a physical presence.
According to the court order, Wikstrom and his team of investigators furnished the court with sufficient evidence of Johnson’s non-residency to overcome the heavy burden of proof the law places on the contesting party.
The team surveilled Johnson’s home and his new apartment from September until mid-October of 2024. They provided a log of eyewitness observations, photos, videos, and testimonies that established to the court’s satisfaction that Johnson was, in fact, living outside the district.
Johnson did not respond to a request for comment.
Minnesota law says the State House of Representatives is the final judge of state house elections.
“The two options are a special election or seating the qualified second-place finisher,” Kaardal said.
Kaardal told The Epoch Times that the court decision proves that post-election contest procedures “are available and work.”
