(KSTP) — DFL Rep.-elect Curtis Johnson announced Friday he will not appeal a judge’s ruling that he did not properly establish residency in Minnesota House District 40B and will instead resign his seat, clearing the way for Gov. Tim Walz to call a special election.

In a letter to the governor announcing his intent not to accept his seat in the House of Representatives, Johnson said he disagreed with the court’s ruling but did not see a path forward as he could not be seated until the House resolves the election contest. District 40B’s seat will be vacant when the Legislature convenes on Jan. 14, turning what would have been a 67-67 tie into a 67-66 Republican majority.

“Rather than dragging this out further, I have decided to resign now, so that a special election can be held as soon as possible and the people of 40B will be represented in the Legislature,” Johnson wrote.

As previously reported, a Ramsey County district judge last week ruled that Johnson did not live within House District 40B for a full six months before the general election, as is required by state law.

While Johnson and his wife own a home in Little Canada outside of District 40B, he had rented a Roseville apartment early in 2024 and changed the address on his driver’s license and voter registration to reflect his attempt to establish residency there. However, an investigation by his Republican opponent, Paul Wikstrom, found Johnson was rarely spending time in that apartment.

Judge Leonardo Castro ruled that Johnson was disqualified from taking the oath of office and ordered that the seat be “filled according to law.”

In a statement, House Speaker Melissa Hortman, DFL-Brooklyn Park, said the upcoming special election will be “in a safe blue seat” and will return the House to a 67-67 tie. However, a Republican majority will almost certainly vote in House Leader Lisa Demuth, R-Cold Spring, as speaker.

“This session provides a historic opportunity for the Minnesota House to govern on a bipartisan basis,” Hortman said. “House Democrats are ready to get to work with our Republican colleagues. There is no time to waste on partisanship as we head into session. Neither party has enough votes to pass a bill on its own, so we will need to work together.”

5 EYEWITNESS NEWS has reached out to House GOP leadership for a statement and is awaiting a response.