Minnesota Supreme Court overturns special election for House 40B

The state Supreme Court on Friday sided with Republicans in a lawsuit over the timing of a special election that could determine control of the Minnesota House of Representatives, effectively overturning the Jan. 28 vote.

The decision heightens uncertainty over the Minnesota House of Representatives, as that seat will determine whether Republicans maintain the advantage or whether Democrats could tie the House. Now, a 67-66 Republican advantage will last longer, perhaps into February or March.

Democrat Curtis Johnson won a Roseville-area seat in November, but was disqualified by a judge over residency issues and declined to appeal.

With Johnson’s absence, Republicans currently hold a one-seat advantage in the House over Democrats, who have boycotted the session thus far. It was thought the DFL would come back after the House 40B election was decided, but that’s not clear now.

In late December, DFL Governor Tim Walz set a special election for a month later. But Republicans alleged in a lawsuit that Walz acted too quickly in setting the date.

Republicans run House sessions without Democrats present, but there is a separate legal dispute over the legitimacy of that. Secretary of State Steve Simon said nothing could happen without 68 members present, but Republicans ignored him. This case is also before the Supreme Court.

GOP House Leader Lisa Demuth, who served as speaker during the standoff, celebrated Friday’s decision.

“State law is clear on the process and timeline for the governor to call a special election,” Demuth said in a written statement. “I am pleased that the court rightly ruled that the governor failed to follow the law in his attempt to expedite the special election to improve the political fortunes of the Democratic Party.”

DFL House Leader Melissa Hortman said she appreciated the court’s quick ruling, but said it was unfortunate that “the people of District 40B will have to wait longer for representation.”

“Minnesota Republicans’ attempts to delay this election are an attempt to delay the inevitable: Democrat David Gottfried will win this election and the Minnesota House of Representatives will return to a 67-67 tie. When that happens, Democrats and Republicans must have a plan to govern together,” Hortman said in a statement released Friday.

The difference between a majority and a possible 67-67 tie could shape the rest of the session.

The high court agreed that Walz was too hasty, ruling that state law allows the governor to call a special election only after the legislative session begins and when a position is clearly vacant. Johnson had never taken the seat but withdrew after losing the residency file.

“The writ of special election for District 40B was issued prematurely and must therefore be vacated,” the justices wrote in their unsigned opinion.

Six out of seven decided so; all were appointed by Democratic governors. Judge Karl Procaccini, Walz’s former general counsel, recused himself.

Walz spoke Friday about the Supreme Court’s decision on TPT Twin Cities PBS.

“We certainly respect the court’s decisions. And they are right about that: it was unprecedented in this case. So we are following the precedents in these writs as they have been issued,” Walz said. “In-house counsel – secretary of state, attorney general – and outside counsel interpreted that we would issue the order the same way we have for all other openings.”

Walz said he hasn’t set the date yet, but it would likely take place in March.