A newly elected Democrat failed to meet the residency requirement and is ineligible to serve in the Minnesota House of Representatives, a Ramsey County district judge ruled Friday in a decision that will shift partisan power in St. Paul, at least for a time, to Republicans.

Judge Leonardo Castro ruled in favor of Republican Paul Wikstrom, who contested the election victory of DFLer Curtis Johnson. 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.

“Johnson’s failure to maintain a residence in District 40B for the entire six months prior to the election was a deliberate, serious, and material violation of Minnesota election law,” Castro wrote in his 32-page order that barred the DFLer from taking office.

The six-month residency requirement is “not a suggestion nor an inconvenience,” Castro wrote.

The district is heavily DFL. Johnson beat Wikstrom by 30 percentage points. But if there is a special election to fill the open seat, it won’t occur until after the legislative session begins Jan. 14. That means Republicans would gain temporary control of the chamber by one vote and the ability to elect a speaker and control majorities on committees.

“When there’s not a tie, we don’t need power-sharing,” said House GOP leader and Speaker-designate Lisa Demuth. “The intent would be, we would elect a speaker and we would structure things when we’re in the majority.”

Twin Cities Pioneer Press added:

Minnesota House Republicans may have a temporary majority when the Legislature convenes this January after a judge ruled Friday that a Democratic-Farmer-Labor candidate did not live in the district he was elected to represent.

Curtis Johnson, a DFLer who defeated his Republican opponent in House District 40B by 30 points in the November election, did not establish residence at his 450-foot Roseville studio apartment, making him ineligible to take office in January, Ramsey County District Judge Leonardo Castro ruled.

Rumors that Johnson continued to live at his house outside the district in Little Canada swirled in political circles months before the election, but it was an investigation and post-election lawsuit filed by Republican candidate Paul Wikstom that resulted in Johnson’s disqualification. Wikstrom, of Shoreview, sought to nullify the results of the Nov. 5 election before the start of the 2025 legislative session and asked for a special election.

Minnesota’s state Constitution requires legislative candidates to live in their district for six months before an election.

“Obtaining a lease and changing your voter registration does not satisfy this requirement; meaningful physical presence is required to show genuine intent to reside in the district,” Castro wrote in his ruling. “The people of 40B deserve no less.”…

If Castro’s ruling holds, the 67-67 partisan tie in the Minnesota House of Representatives will give away to a 67-66 Republican majority. It could allow the GOP to take the speakership and other leadership positions, but they won’t be able to pass any bills as that takes 68 votes in the House.

If a special election is held to replace Johnson, it would take place in a relatively safely Democratic district, meaning Republicans may hold a temporary majority. The governor would have to call it after Johnson’s seat is officially vacated after current DFL Rep. Jamie Becker-Finn’s last term ends in January.

House Republican Minority leader Lisa Demuth, her caucus’s pick for speaker of the House, said GOP representatives have settled on their leadership and are anticipating taking control of the House.

“We will operate in a fully functioning majority,” she said. “Even with 67 we’re ready to get to work and do what’s needed while we await for — I am hoping — a special election.”

Lisa Demuth (Courtesy photo)The 40B challenge is one of two election contests working their way through the courts this December. Another lawsuit filed by Republicans in a Shakopee area House district was heard in court this week.