The stability of energy within the Minnesota State Home of Representatives shifted from a tie to a one-member GOP majority because of a profitable residency problem.
When the votes have been counted after the Nov. 5 normal election, the 134-seat Minnesota State Home of Representatives membership was tied at 67 Democrats and 67 Republicans.
As of Dec. 20, that tally quickly sits at 67 Republicans and 66 Democrats.
The ability shift is because of a profitable court docket problem of the residency of Democratic candidate Curtis Johnson by Paul Wikstrom, his Republican opponent.
Johnson and Wikstrom vied for an open seat within the outer suburbs of Minneapolis-St. Paul created by a current redistricting. The redrawn district line landed Johnson’s residence exterior of the brand new boundary.
Although Johnson received the election by greater than 7,500 votes, he is not going to be taking the oath of workplace as a result of District Court docket Choose Leonardo Castro discovered he “didn’t meet the residence necessities and isn’t eligible to serve” because the state consultant of Home District 40B.
Within the 32-page court docket order, Castro discovered that Johnson was conscious of the issue as early as 2022, and in 2024 he took steps he hoped would fulfill Minnesota’s residency legal guidelines.
In March, Johnson rented a studio residence inside District 40B about 1.8 miles from his home, then modified the deal with on his driver’s license and altered his voting registration deal with.
Johnson additionally contacted a realtor to promote his residence, however the property didn’t promote. He ordered a transportable storage pod and had it positioned in his yard in anticipation of shifting, in line with the order.
The decide cited the Minnesota Structure’s necessities {that a} state legislator should have resided in Minnesota for one 12 months, and within the district six months instantly previous an election, in addition to a state statute requiring candidates to signal an affidavit of candidacy affirming, they’ll have “maintained residence within the district … for 30 days earlier than the final election.”
Constitutional lawyer Erick Kaardal and lawyer Nicholas Morgan represented Wikstrom within the case.
Kaardal instructed The Epoch Instances that regardless of the obvious inconsistency between the Minnesota Structure and the statute, the court docket discovered that Johnson met the necessities of neither.
In its order, the court docket outlined the phrase “reside” as to dwell, dwell, abide, sojourn, keep, stay, or lodge, implying a bodily presence.
In keeping with the court docket order, Wikstrom and his workforce of investigators furnished the court docket with adequate proof of Johnson’s non-residency to beat the heavy burden of proof the legislation locations on the contesting social gathering.
Constitutional lawyer Erick G. Kaardal. Courtesy Erick G. Kaardal
The workforce surveilled Johnson’s residence and his new residence from September till mid-October of 2024. They offered a log of eyewitness observations, images, movies, and testimonies that established to the court docket’s satisfaction that Johnson was, in actual fact, residing exterior the district.
Johnson didn’t reply to a request for remark.
Minnesota legislation says the State Home of Representatives is the ultimate decide of state home elections.
“The 2 choices are a particular election or seating the certified second-place finisher,” Kaardal mentioned.
Kaardal instructed The Epoch Instances that the court docket choice proves that post-election contest procedures “can be found and work.”
