House District 40B waits for governor's new writ of special election
What's happening in the Minnesota Legislature?
House District 40B, which represents parts of Roseville and Shoreview, is still without representation in the MN House and the special election needed to fill the vacancy is in limbo.
On Friday, Jan. 17, the Minnesota Supreme Court sided with the GOP and Minnesota Voters Alliance, ruling that Governor Walz ordered the special election too early, before the seat was vacant since the legislature was not yet in session.
This means that the Jan. 28 special election has been canceled. According to the Court ruling, any absentee ballots that have already been cast will be voided and voters must vote again.
Walz will need to issue a new writ of special election which will confirm the new date, which he has not done yet. This special election is tangled up in the dispute for control over the MN House which would have been evenly split if Curtis Johnson hadn’t been ruled ineligible to hold the seat. DFL members are boycotting the session and Republicans want to move forward without them. On Thursday, Jan. 23, the parties presented arguments to the Minnesota Supreme Court over what constitutes a quorum.
This developing story is being covered extensively by regional news outlets. Below are some headlines and quotes from relevant articles, with links to the original sources to read the full pieces.
Once a new date is set for the special election, the Roseville Reader will send out an update.
Supreme Court voids Walz’s decision to hold Jan. 28 special election for House seat (Minnesota Star Tribune, Jan. 17, 2025)
“In the order signed by Chief Justice Natalie Hudson, the court said the state “must take all steps necessary” to cancel the vote set for Jan. 28. During oral arguments in front of the court Wednesday, a Ramsey County official said more than 1,000 absentee ballots had been sent to voters and that significant staff time had been expended on the election.”
Minnesota Supreme Court sides with GOP, cancels special election key to House control (MPR News, Jan. 17, 2025)
“The decision deepens uncertainty over the Minnesota House because that seat will determine if Republicans keep an edge or if Democrats could pull the chamber into a tie. Now a 67-66 GOP advantage will last longer, perhaps well into February or March.
Democrat Curtis Johnson won a Roseville-area seat in November but was disqualified by a judge over residency questions and declined to appeal".”
Two court decisions upend Minnesota legislative session (Minnesota Reformer, Jan. 17, 2025)
“Democrats have thus far boycotted GOP-led House proceedings in an effort to deny a quorum, which is the minimum number of members that must be present to conduct business. The two sides will make oral arguments at the Supreme Court next week.
The delayed special election will force Democrats to hold out longer, exposing them to attacks from Republicans that they aren’t showing up for work.”
Unforced errors put DFL House in worse-than-a-tie position, but GOP’s high hopes for a majority could end in court (MinnPost, Jan. 21, 2025
“Now a special election to potentially regain that tie is in limbo because the legal declaration signed by Gov. Tim Walz upon the advice of Secretary of State Steve Simon was ruled illegal by the state Supreme Court. Lawyers in both the secretary of state’s office and the governor’s office relied on the wrong section of state law in deciding how soon the election can be held. An election first set for next Tuesday now could be delayed until mid-March.”
House Democrats, Secretary of State are suing House GOP lawmakers. Here’s what you need to know. (Minnesota Reformer, Jan. 23, 2025)
“There’s still an empty House seat and Walz hasn’t called another special election to fill it yet. House DFL leader Melissa Hortman said she anticipates the special election will take place on March 11. The seat is DFL-leaning, so the special election is expected to bring the chamber back to a tie, 67-67.
If the Supreme Court rules in the Democrats’ favor and says 68 members are needed for a quorum, then Demuth won’t be speaker and everything Republicans have done since Jan. 14 would be invalidated.”
State Supreme Court weighs what to do about ‘dysfunctional’ Minnesota House (MPR News, Jan. 23, 2025)
“Republicans argue that a one-vote edge, even if temporary, makes them a majority party. Democrats have disagreed and urged them to enter a power-sharing agreement to share governance, have equal committee membership and require cooperation to advance just about anything. They say that would make them feel comfortable returning to St. Paul.
A special election for that vacant seat was postponed following a court ruling last week. It might not be rescheduled until March, but that’s up to Gov. Tim Walz for now.”
DFL residency case has thrown Minnesota legislative session into doubt. Could it have been avoided? (Minnesota Star Tribune, Jan. 24, 2025)
“Delegates at the April endorsing convention where Johnson won the DFL’s backing were also aware of questions about his residency, said Bill Fox, treasurer of the Senate District 40 DFL. They still chose to endorse Johnson over Shoreview resident David Gottfried, who’s now running for the seat in the special election.
‘The delegates were aware that Curtis needed to move to District 40 to be fully compliant with the law, and those questions were asked, and he did rent an apartment in [District] 40,’ Fox said. ‘Nobody did the surveillance that … Wikstrom did to prove he was paying rent on an apartment that he wasn’t living in.’
