The Minnesota Supreme Court delivered a substantial blow to Governor Tim Walz's administration Friday, ruling that his December 27 writ of special election for House District 40B was issued prematurely and must be voided. In a five-page order, Chief Justice Natalie Hudson and five other justices concluded that Walz violated state law by scheduling the special election before the legislative session officially began.
The ruling extends the current Republican majority in the Minnesota House of Representatives and prolongs an ongoing legislative crisis. All 66 Democratic-Farmer-Labor (DFL) members continue their boycott of House proceedings that began on January 14. With half the seats in the people’s House empty and so many districts in Minnesota unrepresented, no immediate resolution is in view.
The Supreme Court's order impacts over 1,000 voters who had already received absentee ballots for the January 28 election. The justices ordered state officials to immediately halt the election process, with a detailed explanation of their decision to follow in a future opinion.
"State law is clear about the process and timeline for the governor to call a special election," said House Speaker Lisa Demuth (R-Cold Spring). "I'm pleased the court correctly ruled that the governor failed to follow the law in his attempt to speed up the special election to help the political fortunes of the Democrat Party."
The contested Roseville-area seat became vacant after Democrat Curtis Johnson won the November election by 30 percentage points but was subsequently disqualified when a judge determined he didn't meet residency requirements. Johnson's Republican opponent, Paul Wikstrom, successfully challenged Johnson's claimed residence, proving the Democrat lived outside the district in Little Canada rather than the Roseville apartment he had rented to establish residency.
Appearing on Twin Cities Public Television's "Almanac" program Friday night, Walz acknowledged the court's decision while defending his administration's original interpretation of the law. "Certainly we respect the rulings of the court. And they're right about this: it was unprecedented in this case," 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 way we did on all the other openings."
The governor indicated he now expects to schedule the election for March 5, a delay that could prolong the current legislative standoff. House DFL Leader Melissa Hortman expressed frustration with the timing but remains confident in the eventual outcome.
"This delay merely postpones the inevitable," Hortman said from her district office. "When David Gottfried wins this election, the House will return to a tie, and Republicans will need to work with us."
The battle for control of the Minnesota House now moves to the state's highest court. Justices will hear arguments Thursday in lawsuit claiming Republicans are conducting business illegally without Democratic participation. Secretary of State Steve Simon insists House rules require 68 members present for a quorum. Republicans have countered that with only 133 current members, 67 representatives constitute a majority.
Six justices ruled on Friday's decision. Justice Karl Procaccini, who previously served as Walz's general counsel, recused himself. Their ruling focused narrowly on the election timing, stating the governor must wait until after the legislative session begins to call for a special election.
Republican house members noted that Democrats' private swearing-in ceremony at an alternate location does not adhere to Minnesota Statute 3.05, which states "the members shall meet in their respective chambers."
The delay pushes any potential House power-sharing agreement into March, leaving Republicans in control of the chamber for at least six more weeks. Meanwhile, the Senate continues normal operations under its own 33-33 split, with members from both parties sharing leadership duties.
