A Democratic-Farmer-Labor candidate who won a Roseville area House seat earlier this month is asking a judge to throw out his Republican opponent’s election challenge that claims he does not live in the district.
In court filings this week in Ramsey County District Court, Curtis Johnson, who won the election in House District 40B by 65% of the vote, argues his Republican opponent Paul Wikstrom “unreasonably delayed his investigation” of his residency and “failed to bring the issues to the Court’s attention prior to the election.”
Johnson also filed evidence to support his residency at a Roseville apartment in the district — including documents from the property manager showing he resided in a different unit from the one Wikstrom’s campaign had surveilled and claimed was unoccupied.
On Nov. 20, Wikstrom filed a lawsuit challenging Johnson’s victory, claiming his opponent does not reside in the 450-square foot Roseville studio apartment he listed on his candidate paperwork and that Johnson still resides outside the district in his five-bedroom house in Little Canada.
Minnesota’s state Constitution requires legislative candidates to live in their district for six months before an election to be eligible to run. Wikstrom, of Shoreview, is asking a judge to nullify the results of the Nov. 5 election before the start of the 2025 legislative session and is asking for a special election.
The challenge could affect the balance of power in the soon-to-be tied Minnesota House, where DFLers and Republicans won 67 seats in this year’s election — leaving questions about who will control the chamber’s agenda.
Residency claims
During the campaign, Wikstrom claimed that by the time he had enough evidence to file a challenge to Johnson’s residency claims it was too close to the election to mount an effective challenge. At the time, he wouldn’t say whether he would file a challenge after the election.
Johnson and Wikstrom were running for a seat held by outgoing DFL Rep. Jaime Becker-Finn of Roseville. District 40B includes Roseville and parts of Shoreview.
Johnson, a member of the Roseville School Board, has owned a house with his wife in Little Canada since 2017, and says he got an apartment at Rosedale Estates in District 40B in March. The apartment complex is on Rice Street in Roseville, about a mile and a half southwest of his family’s home.
Johnson has denied Wikstrom’s allegations in the past though did not weigh in on the lawsuit this week. In a statement, DFL House Speaker Melissa Hortman said she doubted Wikstrom’s challenge will prevail.
“Curtis Johnson is a resident of District 40B and the election contest filed by Republicans is without merit,” she said. “We expect the case to be dismissed.”
Johnson hasn’t listed his Little Canada home for sale, though he’s said he and his wife plan to do so and started talking to a real estate agent earlier this year. In an earlier statement, Johnson said he got an apartment as they searched for a new house in the district.
New context
Johnson’s response to Wikstrom’s lawsuit attempts to poke holes in claims disputing his residency.
While surveillance by Wikstrom’s campaign showed Johnson’s primary vehicle parked in the driveway at the house every morning and evening on weekdays between Sept. 16 and Oct. 14, Johnson, in a sworn statement, said he often visited the house in the morning to see his wife and walk his dogs and in the evening for dinner.
Johnson also submitted a copy of a letter from the property manager affirming he had temporarily moved to a different apartment unit and that his utilities were being billed through the manager rather than an individual meter due to construction at the complex. He also claimed the apartment has “two windows facing the kitchen,” that he didn’t turn on the light in that room when he came home late at night, and that other lights in the apartment wouldn’t be visible from the outside.
Ahead of the election, Wikstrom volunteers conducted a surveillance campaign on Johnson’s house and apartment, taking notes, pictures and video. Wikstrom volunteers said there were never lights on at the apartment listed as Johnson’s address and that there were no electrical utility hookups or internet service. On Oct. 29, a Wikstrom campaign volunteer pointed a smartphone camera underneath the crack at the bottom of the apartment’s door, revealing no furniture inside.
But in a sworn statement, Johnson said the manager moved him to a new unit after sewage had flooded from his bathroom on Oct. 10. He said he didn’t set up internet at the apartment because he usually works from an office or a coffee shop.
A hearing in the case is scheduled for Tuesday, Dec. 3, before Judge Leonardo Castro in Ramsey County District Court.