State Supreme Court voids special election for House seat

Minnesota House of Representatives
More drama surrounding the Minnesota House of Representatives Photo credit Getty Images

A special election scheduled for January 28 to fill a vacant seat in the Minnesota House of Representatives has been voided by the state Supreme Court.

Gov. Walz set the date right after the Democratic winner of the house seat representing Roseville and parts of Shoreview stepped down because of residency issues.

The high court ruled that Walz acted too quickly when scheduling the election.

"Certainly, we respect the rulings of the court, and they're right about this, it was unprecedented in this case," said Walz, appearing Friday night on TPT's Almanac. "We'll go back, analyze it, issue the writ, get that election done, let them get to work."

In challenging the decision by the governor, the GOP and the Minnesota Voters Alliance argued that state law required a 22-day waiting period from the first day of a legislative session to schedule a special election.

Walz set the special election on Dec. 27, the day the seat was officially vacated.

Democrat Curtis Johnson won the November election for House District seat 40B, but a judge ruled he did not meet residency requirements.

Johnson then agreed not to take the oath of office.

It's required by the Minnesota constitution that a candidate live in a contested district for six months prior to election day.

The Minnesota Republican Party and Minnesota Voters Alliance sued over the timing of the special election scheduling by Walz, arguing that state law is clear that if there's a vacancy following an election, the governor must wait until 22 days after the first day of session to issue a writ of special election.

Appearing Friday night on Twin Cities Public Television, Walz said the special election might be held in early March.

"We'll follow the way the law is written on that, thirty days past the five days," Walz said, noting at the time that the ruling had just come out.

The ruling means Republicans hold on to a 67-66 edge in the House, which has had a chaotic start to the legislative session.

House Democrats have refused to show up at the state capitol in St. Paul because Republicans would not come to a power-sharing agreement.

Republican members, which filled half of the seats in the House chambers during the first week of the session, went ahead and set leadership posts, claiming a quorum existed for them to do so.

Republicans praised the high court's ruling, which came down late Friday afternoon.

"I'm pleased the court correctly ruled that the Governor failed the follow the law in his attempt to speed up the special election to help the political fortunes of the Democrat party," said House Speaker Lisa Demuth. "We want the residents of 40B to have representation as soon as possible and look forward to the Governor calling a special election pursuant to state law."

House Democrats did not question the high court's ruling.

"We appreciate the Supreme Court's prompt decision. It is unfortunate that the people of District 40B will have to wait longer to be represented," said Rep. Melissa Hortman, the DFL leader. "Attempts by Minnesota Republicans 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."

Featured Image Photo Credit: Getty Images