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Title: Instances where Candidates or Members were Impacted by Residency Requirements
Article Date: 12/3/2024
Source:
Author: Minnesota Legislative Reference Library
Type: Other
URL:
File: CandidateResidencyRequirment_Instances.pdf 

Text: Instances where Candidates or Members were
Impacted by Residency Requirements
Compiled by the Legislative Reference Library, 12/3/2024
I did not find any instances of seated legislators who were removed from office based on the residency
requirements. There were many contested elections and it would take some digging to see if the older
ones were contested for residency. There could have also been other legislators unseated by the
chamber based on this requirement, which I was not able to find.
According to a Memorandum in Support of Contestee's Motion to Dismiss, filed on November 27, 2024 in
the case: Paul Wikstrom v. Curtis Johnson (62-CV-24-7378), "there is no case law showing that a court
ever entertained a residency challenge under the election contest statute after an election has been
held."
One of the tricky parts about this type of research is that in many cases, the name is stricken from the
ballot so it doesn't appear in election results.
Here are the instances that I was able to discover:
2024
As of December 3, 2024, there is an ongoing court case: Paul Wikstrom v. Curtis Johnson (62-CV-24-
7378).
2016
Rep. Bob Barrett was an incumbent running for House district 32B in the 2016 general election. The
Minnesota Supreme Court ruled that he did not meet the constitutional requirement for residency in
that district and that he should be removed from the ballot, but it was too close to the election. The
election results were nullified and the seat was vacant when the legislature convened on January 3,
2017. There was a special election held in February of 2017 to fill the seat. He could have run in the
special election, but decided not to run. The successful candidate was Anne Neu Brindley.
2005
In the special election on December 27, 2005, Sue Ek was removed from the ballot by the courts because
of residency requirements. Her relative, Kay Ek ran an unsuccessful write-in campaign. Larry Haws was
elected to House district 15b in that 2005 special election. See the clipping attached below about this
race.
Minnesota Legislative Reference Library | 2
2002
In 2002, the Minnesota Supreme Court ruled that Jason Samuels (a green party candidate) didn't meet
the residency requirements and required Hennepin County to remove his name from the ballot. See the
attached article. He was running against incumbent Rep. Kahn.
1970
In 1970, the Minnesota Supreme Court ruled that Gladys Baker Swanson did not fulfill the residency
requirements. Beltrami county was ordered not to print her name on the ballot. She was running against
incumbent, Rep. Falk.


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