Roseville DFLer’s residency challenged, case could affect control of the House

The Republican who ran for a House seat representing Roseville and Shoreview is contesting his election loss by challenging the residency of the Democrat who defeated him Nov. 5.

Republican Paul Wikstrom filed the challenge in Ramsey County District Court Wednesday alleging Democrat Curtis R. Johnson doesn’t live in District 40B. Johnson easily defeated Wikstrom to win the seat, receiving 65% of the vote.

Wikstrom is asking the court to “invalidate and revoke any certificate of election issued to Johnson.”

The challenge, if successful, could have implications for control of the House during the coming legislative session. The 134-member chamber is split between 67 Democrats and 67 Republicans for the first time since 1979.

Minnesota law requires candidates to reside in districts they want to represent for six months before the election. If Wikstrom’s challenge succeeds, a special election would likely be called in February.

Johnson, a Roseville Area Schools board member, faced questions about his residency during the campaign. He owns a home outside the district in Little Canada and began renting an apartment on Rice Street last spring to establish residency so he could run for the 40B House seat.

In October, Johnson said in a statement that he was renting the Rice Street apartment while looking for a “forever home” in the district. His wife and their oldest child continued to live in their Little Canada house so they were not unnecessarily uprooted, he said.

Johnson did not respond to a voicemail on Friday seeking comment. In a statement, a House DFL spokesperson said Johnson lives in the district and expects the case to be dismissed.

Wikstrom’s residency challenge alleges Johnson continued to reside in Little Canada after renting the Roseville apartment. His campaign conducted surveillance of Johnson’s home and regularly saw his vehicle out front, according to affidavits filed with the case.

Wikstrom’s campaign established an “investigative team” which put a piece of tape on Johnson’s apartment door to see if it was being used, looked into the window and slid a camera phone under the door. The challenge also alleges Johnson never activated utilities at the apartment.

Wikstrom deferred questions about the case to his attorney, who declined to comment. His case will be decided by the Minnesota Supreme Court, which handles election challenges.

Residency questions are common during campaigns for state legislative seats. Republican Bob Barrett was the last candidate to be found ineligible when the Supreme Court ruled in 2016 he didn’t live in the Taylors Falls district he wanted to represent.