Minnesota Republicans have filed a lawsuit against Gov. Tim Walz (DFL) over the coming special election in House District 40B, where the winning Democratic candidate was recently ruled ineligible over residency requirements.

The lawsuit comes after a judge granted Republican candidate Paul Wikstrom's contest of the results of the House race after finding his Democratic opponent, Curtis Johnson, did not establish residency in District 40B.

Republicans argued Gov. Tim Walz called for a special election too early and asked for a halt ahead of the legislative session.

Minnesota Republicans are expected to file a petition to the state Supreme Court Monday, hoping to delay a special election that will determine the balance of power in the state House.

Minnesota House Democrats pledged Monday to boycott the start of the legislative session if Republicans attempt to use their temporary 67-66 majority to take control of the chamber and elect GOP Leader Lisa Demuth as speaker.

The Minnesota GOP will be detailing their new petition to the Minnesota Supreme Court to halt the special election to fill the District 40B seat, as it was left vacant after a residency challenge was successful.

A lawsuit challenges a decision by Gov. Tim Walz to schedule a Jan. 28 special election after a November winner was deemed ineligible to take office in the House on Jan. 14.

Hopes for bipartisan comity at the state Capitol this year — forced upon the Minnesota House by the voters, who sent 67 Democrats and 67 Republicans to the Capitol — are already crashing. House Democrats are mulling not showing up for the first two weeks of the legislative session to prevent the chamber from achieving a