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The state Supreme Court Friday sided with Republicans in a lawsuit over the timing of a special election that could determine control of the Minnesota House, canceling the Jan. 28 contest.

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

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With Johnson’s absence, Republicans currently hold a one-seat advantage in the chamber over Democrats, who have been boycotting the session so far. There was a belief that the DFL would return after the House 40B election was decided, but now it’s not clear.

In late December, DFL Gov. 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 are running House sessions without Democrats present, but there is a separate legal dispute over the legitimacy of that. Secretary of State Steve Simon has said nothing can happen without 68 members present, but Republicans ignored him. That matter is also before the Supreme Court.

GOP House Leader Lisa Demuth, who has been presiding in the role of speaker during the standoff, celebrated Friday’s ruling.

“State law is clear about the process and timeline for the governor to call a special election,” Demuth said in a written statement. “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.”

House DFL Leader Melissa Hortman said she appreciates the court’s prompt decision, but said it was unfortunate that “the people of District 40B will have to wait longer to be represented.”

“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,” 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 a vacancy is clear. Johnson had never taken the seat but stepped away after he lost the residency case.

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

Six of seven decided it; all were appointed by Democratic governors. Justice Karl Procaccini, a former general counsel to Walz, recused himself.

Walz spoke about the Supreme Court decision on 

“Certainly we respect the rulings of the court. And they’re right about this: it was unprecedented in this case. So we’re following past precedence in these writs as they were issued,” Walz said. “Both in-house counsel — secretary of state, attorney general — and outside counsel interpreted it that we would issue the writ in the same we did on all the other openings.”

Walz said he has not yet set the date, but that it will now likely happen in March. 

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In late December, DFL Gov. Tim Walz set a special election for Jan. 28. But the Supreme Court sided with Republicans who said Walz acted too quickly in setting the date and postponed the election indefinitely.

Minnesota Supreme Court sides with GOP, cancels special election key to House control

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