A Rochester City Council member who lost her bid for re-election this month is contesting the result of the race over allegations that her opponent was not truthful about his residency.

Ward 4 Council Member Kelly Rae Kirkpatrick and three other ward residents — Rachel LaForge, Andrew Knauff and Kendra Ryan — filed a civil complaint in Olmsted County District Court on Wednesday asking the court to conduct an investigation into whether her challenger, Andy Friederichs, violated election laws by claiming he resided in the ward.

Friederichs, who defeated Kirkpatrick by 190 votes on Nov. 5, is listed as a co-owner, along with his wife, of a homestead in Marion Township, outside city limits. However, in January, about four months before filing as a candidate, Friederichs changed his residency to an apartment complex he owns within Ward 4. He updated his affidavit again in October with an address of a different apartment building he owns downtown.

"Friederichs' Ward 4 residency claims are false and related solely to his business real estate holdings in Rochester," the complaint alleges. "There is no credible evidence that he intends to establish his home in Ward 4 and remain there with his family."

Speaking by phone Thursday, Friederichs, who owns a barbershop and several apartment buildings in the ward, disputed the claims — stating that he moved into one of his rental units at the beginning of 2024 for personal reasons. He declined to elaborate.

"It's frustrating," Friederichs said. "I don't understand where they are coming from because my residence has been within the ward since January."

Questions about Friederichs' residency first surfaced in August when an anonymous complaint was made to the Rochester City Clerk's Office, which administers city elections. Friederichs was later interviewed by the Olmsted County Sheriff's Office in late August; however, the County Attorney's Office declined to take up the case citing "insufficient evidence."

Friederichs told the county detective that the election was not the only factor for his decision to move into one of his apartment buildings, and that he had been trying keep his personal life separate from his professional life.

When asked whether he planned to continue living in the apartment building, Friederichs said, "To be frank with you, I plan on living there as long as I have to," according to a record of the call.

"Obviously if I win the election, I [will] stay there for the whole term," Friederichs told the investigator. "... If I don't win the election and I get some things worked out … only God knows that answer."

The investigator's report noted that Friederichs' campaign website states he has lived in the Rochester area with his wife for 17 years. When asked who lives at the home he owns in Marion Township, Friederichs said his wife and two daughters continue to reside there.

Under Minnesota law, "If an individual's family lives in one precinct and the individual lives or does business in another, the individual's residence is located in the precinct where the individual's family lives, unless the individual establishes a home in the other precinct and intends to remain there."

In their petition, the plaintiffs said, "the review of [Friederichs'] residency by Olmsted County officials … was superficial, cursory, delayed, and failed to consider the statutory factors meaningfully."

Friederichs has 21 days to respond to the petition before being sworn in to the council at the start of next year.