Judge throws out Fischbach lawsuit - KBJR 6 Your Weather Authority: News, Weather & Sports

Judge throws out Fischbach lawsuit

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A judge has thrown out a lawsuit challenging whether Republican Michelle Fischbach can serve as both Minnesota's Lieutenant Governor and state senator.

The lawsuit was brought by one of Fischbach's constituents. The judge ruled the court lacked jurisdiction. The constituent is appealing.

The dispute started when Democratic Governor Mark Dayton appointed Lt. Gov. Tina Smith to the U.S. Senate. 

Under the Minnesota Constitution, Fischbach, as President of the state Senate, became Lieutenant Governor. But she refuses to resign her Senate seat. 

The narrow GOP majority in the Senate could hang in the balance.

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