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(KNSI) – The Republican Party will temporarily have the majority in the Minnesota House after a judge ruled that the winner of the District 40B race didn’t live in the district.

Curtis Johnson of Roseville won the November election with 65.4% of the vote. However, a judge ruled he cannot serve the people because he is not a valid resident. The ruling breaks a 67-all tie. When the legislative session starts in January, it will be 67 to 66 in the Minnesota House. The judge’s ruling says the seat shall be filled according to law.

Johnson can still appeal, but if unsuccessful, 40B is headed toward a special election, most likely in February.

According to court records, Johnson signed an apartment lease in Roseville in March. He then registered in May to run in the state primary. Minnesota law requires a candidate to have lived in the state for one year and the district for six months.

According to the lawsuit, while campaigning, Wikstrom met a former Roseville city council member who told him Johnson recently leased an apartment in the district. In August, Wikstrom’s campaign started monitoring when Johnson was coming and going from his Little Canada home to his Roseville apartment. According to the lawsuit, Johnson’s vehicles were in Little Canada every morning and night.

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