Candidate who won Roseville-area House seat didn’t live in district, opponent claims in lawsuit

The Republican candidate for a Roseville-area seat in the Minnesota House who accused the Democratic-Farmer-Labor candidate who won the election of not living in the district is asking a court to overturn the election results.

In a lawsuit filed in Ramsey County District Court, House District 40B candidate Paul Wikstrom claims Curtis Johnson, who won the Nov. 5 election by 30 percentage points, does not reside in the 450-square foot Roseville studio apartment he listed on his candidate paperwork and still resides in his five-bedroom house in Little Canada.

Minnesota’s 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 asking for a special election.

The challenge could potentially affect the balance of power in the soon-to-be split Minnesota House, where DFLers and Republicans won 67 seats in this year’s election — leaving questions about who will control the chamber’s agenda.

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.

Lawsuit

A month of daily surveillance of Johnson’s home, a lack of normal activity at his apartment, and other evidence, such as a lack of utility hookups, proves Johnson didn’t actually live in the district and “never intended” to, Wikstrom claims in his court filing.

“Johnson’s behavior establishes a material violation of election laws because he falsely represented to the Secretary of State in his affidavit of candidacy regarding his residency, and to the voters within State House District 40B that he resided in the District,” the lawsuit said.

Johnson did not respond to a phone call and email requesting comment Thursday. During the campaign, he denied Wikstrom’s residency allegations before hanging up on the Pioneer Press when asked for more details. He also evaded questions after an October school board meeting.

Johnson hasn’t listed his Little Canada home for sale, though he’s said he and his wife plan to do so. In a statement to the Star Tribune in October, Johnson said he and his wife got an apartment as they searched for a new House in the district.

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.

Campaign issue

During the campaign, Wikstrom ran advertisements claiming Johnson did not live in the Rice Street apartment. Wikstrom volunteers conducted a surveillance campaign on Johnson’s house and apartment, taking notes, pictures and video. Volunteers visited the property more than 60 times between Aug. 31 and Nov. 11, and have filed sworn statements on their findings.

Between Sept. 16 and Oct. 14 they watched Johnson’s Little Canada house daily, and found that Johnson’s primary vehicle was parked in the driveway at the house every morning and evening, according to the lawsuit. A neighbor said she saw Wikstrom leave the house around 9 a.m. and return around 6 p.m. most weekdays.

Volunteers also watched the apartment and never saw lights turned on, according to the lawsuit. The two internet service providers who offer service in the building told campaign volunteers that there was no service set up at the address associated with Johnson. Tenants are expected to pay electricity bills to Xcel, property managers told the volunteers, but Xcel Energy said no individual was getting billed at the apartment, and that they considered the unit “a demonstration apartment used for showings,” the lawsuit 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. At the time, he wouldn’t say whether he would file a challenge after the election.

Previous residency cases

Candidates have been removed from the ballot for residency reasons before.

In 2016, the state Supreme Court disqualified Chisago County GOP Rep. Bob Barrett after activists gathered evidence that Barrett did not actually live in the Taylors Falls rental home listed on his candidate paperwork. To prove it, they visited the property 30 times over 15 days, the Pioneer Press reported.

Because Barrett was disqualified less than 80 days before the election, state law required a February special election. Results of the election where Barrett’s name was on the ballot were nullified.

If Johnson is disqualified from representing District 40B by the start of the session in January, it could break the partisan tie in the House and give Republicans a temporary majority.

Pending a recount in another race, the House is set to be split 67-67 for the first time since 1979, and party leaders have been negotiating power-sharing agreements.