So, last week was a big week. A good one, by Minnesota Republican standards. For the DFL, less so.
Both chambers of of the Minnesota legislature flipped to “tied” last week – one by via human tragedy, and one by hubris and stupidity.
Let’s talk stupidity and hubris first.
The House
As we noted last week, the election in House District 40B got thrown out by a Ramco Judge – DFLer Julian Castro – because the DFL winner, Curtis Johnson, hadn’t lived in the district the required six months.
Naturally, it took his GOP opponent and his supporters to dig up the information that went to trial – God knows the media isn’t going to do it. But the locals did prevail. Johnson is out.
Which, including the still-disputed 54A race, leaves the GOP one vote ahead as the session looms. Which means a GOP speaker of the House – a much better speedbump on DFL control than the “shared power” arrangement people were talking about last week.
Or it will, if the DFL can’t figure out a way to juke the rules in their favor. Which is exactly what they’re going to try to do.
On Friday, Johnson A DFL state representative-elect said Friday he will not appeal a judge’s ruling that he is ineligible to hold the office because he did not meet residency requirements for the district.
On Friday, Johnson announced he was opening the way to a special election to fill the 40B seat by “resigning“:
A DFL state representative-elect said Friday he will not appeal a judge’s ruling that he is ineligible to hold the office because he did not meet residency requirements for the district.
In a letter to Gov. Tim Walz, Curtis Johnson said he has “made the difficult decision not to accept my seat in the Minnesota House of Representatives and to resign from the Office of State Representative effective immediately and irrevocably.”
Which is great – except the couldn’t resign. He was never in the office – it’s still Becker-Finn’s seat, and Johnson’s election was voided by the court.
Pretty Vacant
And the word “vacancy” has a statutory definition:
Which didn’t stop Governor Walz from declaring a special election on January 24.
Now, I’m no lawyer, but Johnson’s not the incumbent – Becker-Finn is.
So trying to jam down a special election is against the law:
But there is no vacancy, so (as I, and I suspect Mr. Hansen, and presumptive-Speaker Demuth) see it), the governor doesn’t get to call the special election until 22 days after Johnson isn’t sworn in, on January 14, the first day of session.
So with the House tied at 67-67 after the election, and the 54A seat in Shakopee still in court, this gives the GOP a 67-66 lead in the House, and the potential of picking up the 54A (and refusing to seat Brad Tabke until the issue is resolved in court).
I say it’s time for some intransigence.
Let’s talk about the Senate later today.
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