A judge on Friday granted a Republican candidate’s contest of the results of a Minnesota House race after finding his Democratic opponent did not establish residency in House District 40B.

DFL candidate Curtis Johnson won the election in the district that includes parts of Roseville and Shoreview by more than 7,500 votes, but his opponent, Republican Paul Wikstrom, found Johnson was still living in Little Canada in the months leading up to the event.

Johnson had signed a lease at a Roseville apartment complex earlier in the year, but Wikstrom’s campaign built a body of evidence suggesting he had never moved in. Investigators took photos of Johnson’s car, a blue Mitsubishi, consistently parked in the driveway of the home he and his wife own in Little Canada.

Based on testimony from Johnson and witnesses who had surveilled Johnson’s whereabouts, District Judge Leonardo Castro found Johnson “spent scant time” at the Roseville apartment until Oct. 15. State law requires candidates to reside in the district they represent for at least six months before the general election.

Castro’s order enjoins Johnson from taking the oath of office and representing House District 40B, which will tip a 67-67 tie in the House to a one-seat Republican majority when the legislative session begins on Jan. 14.

House GOP Leader Lisa Demuth, R-Cold Spring, who is in line to be selected as House speaker in January, celebrated the ruling.

“With the overwhelming evidence we heard during the trial that the Democrat candidate in Roseville never lived in the district, I applaud the court’s decision to grant the election contest and look forward to ensuring that a valid candidate represents District 40B during the upcoming legislative session,” Demuth said in a statement. “This is a clear reminder that laws matter, and integrity in the election process is non-negotiable.”

Johnson had filed a petition for discretionary review with the Minnesota Supreme Court to have the election contest dismissed on grounds that Wikstrom should have raised the residency issue before the election, but the court issued an order on Friday denying that request.

Johnson has 10 days to appeal the ruling to the Minnesota Supreme Court. House Democrats are optimistic an appeal will be successful.

“The court erred as a matter of law in not dismissing this case. A residency issue must be resolved before an election and is not an appropriate basis for an election contest. We will appeal to the Minnesota Supreme Court, and expect the Supreme Court will dismiss the case,” House Speaker Melissa Hortman, DFL-Brooklyn Park, said in a statement. “The Republicans are seeking to do in court what they were unable to do at the ballot box.  Curtis Johnson won District 40B by 7,503 votes, and no court should lightly overturn the will of the voters.”

Another election contest is being considered in House District 54A, where DFL incumbent Rep. Brad Tabke won by 14 votes over Republican Aaron Paul — but Scott County election officials say 21 ballots in that race are unaccounted for.

You can view the ruling by Ramsey County below: