Minnesota Supreme Court voids House Jan. 28 special election, rules Gov. Walz called it too soon
MINNEAPOLIS — The Minnesota Supreme Court on Friday canceled the special election for a metro House race later this month, finding Gov. Tim Walz set the date before state law requires.
The election was scheduled for Jan. 28 for House District 40B, after the DFL winner in November's election didn't appeal judge's ruling that he didn't live there and couldn't serve. Early voting was already underway; now those ballots cast are voided and can't be counted when the special election is eventually rescheduled, the Court said in its order.
The Minnesota Republican Party and Minnesota Voters Alliance sued over the timing, arguing that state law is clear that if there's a vacancy following an election, the governor must wait until 22 days after the first day of session to issue a writ of special election. Walz called the special election on Dec. 27, the same day Curtis Johnson, the Democrat won, said he wouldn't take the oath of office.
The Court agreed and said the election was scheduled "prematurely and therefore must be quashed." An opinion will follow.
This decision could extend House Democrats' boycott of the 2025 session due to a power dispute over control of the chamber.
They had vowed not to show-up until after the special election, which was expected to bring a current one-seat edge for the GOP back to a tie. There is a separate question before the Supreme Court on quorum and if Republican lawmakers met that threshold when they gaveled in and proceeded with electing a House Speaker on the first day of session without Democrats there.
Rep. Lisa Demuth, whom Republicans chose for that role, praised the court's decision.
"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," she said. "We want the residents of 40B to have representation as soon as possible and look forward to the Governor calling a special election pursuant to state law."
The ruling means the special election will come at least a month after the one originally scheduled for the end of January. Gov. Tim Walz on TPT Almanac Friday night said the new special election could be March 5.
Meanwhile, Democrats were disappointed in the decision and again called for Republicans to negotiate a power-sharing agreement with them to prepare for the return to a tie, since the district favors Democrats.
"We appreciate the Supreme Court's prompt decision. It is unfortunate that the people of District 40B will have to wait longer to be represented," said Rep. Melissa Hortman, the DFL leader. "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."
The state's highest court will hear arguments in the quorum case next Thursday.