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Judge Dismisses Fischbach Lawsuit

Judge Dismisses Fischbach Lawsuit Click to Enlarge Photo: Sen. Michelle Fischbach/Facebook

(AP) - A judge has dismissed a lawsuit challenging whether Republican Michelle Fischbach, from Paynesville, can serve as both Minnesota's lieutenant governor and as a state senator.

Ramsey County Chief Judge John Guthmann dismissed the suit Monday. The lawsuit was brought by Destiny Dusosky, from Sauk Rapids, a constituent in Fischbach's heavily Republican Senate district who chaired the local Democratic Party chapter last year.

The judge ruled the court lacked jurisdiction. An appeal is expected.

The dispute arose from Democratic Gov. Mark Dayton's decision to appoint Lt. Gov. Tina Smith to the U.S. Senate.

Under the Minnesota Constitution, Fischbach, as president of the state Senate, became lieutenant governor. But she refuses to resign her Senate seat.

The narrow GOP majority in the Senate could hang in the balance.

The Legislature convenes the 2018 session Feb. 20.

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