Attorneys for a newly elected Roseville DFLer challenged claims from the Republican opponent he beat Nov. 5 that he doesn't reside in the House district he wants to represent.

Last week, Republican Paul Wikstrom filed notice in Ramsey County District Court that he was contesting the election win of Democrat Curtis R. Johnson, who won House District 40B with 65% of the vote. Wikstrom alleges Johnson does not live in the Rice Street apartment he rented in the spring to establish residency.

In a court filing Wednesday, Johnson's attorneys argued that Wikstrom should have filed a complaint when he initially suspected Johnson did not reside in the district, not after he lost the election. They also said that Johnson has lived in the Rice Street apartment complex since March, but did have to move to another unit in October because of a flood.

In a statement, DFL House Speaker Melissa Hortman said: "Curtis Johnson is a resident of District 40B and the election contest filed by Republicans is without merit. We expect the case to be dismissed."

State law requires candidates for the Legislature to reside in the districts they want to represent for six months before Election Day. Wikstrom is asking the courts to revoke Johnson's election certificate.

If he is successful it could upend the balance of power at the Capitol where the House is expected to be split with 67 Republicans and 67 Democrats when lawmakers reconvene Jan. 14. A special election would likely be needed in February.

Wikstrom raised questions about Johnson's residency during the campaign, claiming the DFLer lived just outside the district in a home he owns in Little Canada. Wikstrom's campaign created an "investigative team" that surveilled Johnson to gather evidence they claim shows he doesn't live in the Rice Street apartment.

Previously, Johnson said he and his family were looking for a "forever home" in the district but haven't found one yet. He rented the apartment so his wife and adult child were not unnecessarily uprooted, he said.