DFLer resigns seat in Minnesota House after court finds he failed to meet residency requirement

A newly elected Democrat in the Minnesota House resigned Friday following a recent court decision that found him ineligible to serve because he failed to meet the state’s residency requirement.

As a result, a special election will be Jan. 28 to fill Curtis Johnson’s seat representing parts of Ramsey County.

Last week, Ramsey County District Judge Leonardo Castro ruled in favor of Paul Wikstrom, the Republican challenger who contested Johnson’s decisive election victory.

Wikstrom alleged that Johnson didn’t live in the Rice Street apartment he had rented in early 2024 to establish residency in the Roseville-area House district, and the judge agreed.

In a resignation letter Friday to Gov. Tim Walz posted on social media, Johnson said he disagrees with the court’s decision, but he didn’t see a “viable pathway” to regain his seat by appealing to the state Supreme Court.

“Rather than dragging this out further, I decided to resign now so a special election can be held as soon as possible,” Johnson wrote.

The news means partisan power at the Capitol will shift to Republicans, at least for now. Before Castro’s ruling, the House was expected to be tied with 67 DFLers and 67 Republicans for the first time since 1979.

In a statement Friday, DFL House Speaker Melissa Hortman said a prompt special election means voters in Johnson’s east metro district will be represented for the bulk of the legislative session.

“We expect the district will again vote to elect a Democrat by overwhelming margins,” Hortman said.

“This session provides a historic opportunity for the Minnesota House to govern on a bipartisan basis,” she added. “House Democrats are ready to get to work with our Republican colleagues. There is no time to waste on partisanship as we head into session. Neither party has enough votes to pass a bill on its own, so we will need to work together.”

Republican Speaker-designate Lisa Demuth said in a statement that she was pleased Johnson “accepted the court’s clear decision.”

“This confirms that Republicans will have an organizational majority on day one,” she said.

Johnson’s resignation means that Republicans will have at least temporary control of the chamber by one vote and the ability to elect a speaker and control majorities on committees.

However, a spokesperson for the House DFL said Democratic lawmakers “disagree that House Republicans have an organizational majority because 68 members are required to conduct House business.”

It takes 68 votes to pass a bill in the House, meaning the GOP still would need at least one DFL vote to pass anything.

Democrats and Republicans have been negotiating power-sharing agreements in recent weeks and have agreed on House committee membership, but those discussions had been paused because of the Johnson court case and another pending in Scott County.

Walz on Friday issued a writ of special election to fill Johnson’s vacancy in House District 40B. A special primary election for the nomination of candidates will be Jan. 14, if necessary. Affidavits of candidacy and nominating petitions for potential candidates must be filed with the Secretary of State or the Ramsey County auditor by 5 p.m. Tuesday.