Suit challenging Rochester City Council member’s residency fizzles in court

A lawsuit seeking to unseat first-term Rochester City Council Member Andy Friederichs over residency claims appears headed for dismissal, with his attorneys arguing the case was driven by politics rather than merit.

Friederichs’ predecessor, former Rochester Council Member Kelly Rae Kirkpatrick, planned to file paperwork this week asking a judge to toss out the suit she and three Ward 4 residents filed shortly after the 2024 election.

The complaint, filed in Olmsted County District Court, alleged Friederichs, who defeated Kirkpatrick by 190 votes, intentionally violated election law by claiming he lived in apartment buildings he owns within the district.

Friederichs, who previously lived outside city limits in nearby Marion Township, has repeatedly denied the allegation — stating he moved into one of his rental units in early 2024 for personal reasons.

His attorneys have gone on to accuse Kirkpatrick of seeking to “cast doubt on the election without any proper legal or factual basis.”

In an interview, Kirkpatrick denied politics played a role, arguing the case is about fairness in the election process. However, while maintaining there is substance to the court challenge, she said she no longer sees a pathway to victory because of procedural errors and misunderstandings over paperwork.

Kirkpatrick, who is representing herself in court, said she had tried to obtain legal counsel, but was rebuffed by local law firms due to the high burden of proof needed to challenge a candidate’s residency.

Attorneys for Friederichs did not respond to a request for comment, but in court documents filed in early July they, too, asked for the case to be dismissed, stating that Kirkpatrick had offered no evidence to support the claim that their client lived outside the ward.

Instead, the complaint was based on “speculation and frivolous theories,” the defense said. They also suggested that Kirkpatrick had filed the complaint only because she was unhappy with the results of the election.

“Displeasure with the outcome of an election does not provide a proper basis for this action,” wrote defense attorney Harry Niska.

In further emails to Kirkpatrick, Niska said Kirkpatrick’s continued actions appear to be for the purpose of harassing the defendant.

Niska referenced the latest motion to dismiss, in which Kirkpatrick — while conceding the legal challenge — continued to repeat assertions that Friederichs was a not a lawful candidate for office in 2024.

Kirkpatrick, who served one term representing the ward that encompasses much of southeast Rochester, said she is not disputing the outcome of the race and believes the county ran a free and fair election.

Instead, Kirkpatrick said her challenge is about whether Friederichs misled voters — a position she claimed is backed by public camera footage and first-hand accounts with residents who live in Friederichs’ apartment buildings.

The Minnesota Star Tribune has not independently verified the accounts referenced by Kirkpatrick in her motion for dismissal.

“I don’t have a problem with the election,” Kirkpatrick said. “I have a problem with the affidavits of candidacy and the legitimacy of a candidate.”

Questions about Friederichs’ residency first surfaced last August when an anonymous complaint was made to the Rochester City Clerk’s Office.

Asked at the time about his housing situation, Friederichs said he had updated his driver’s license and planned to stay at his apartment building for at least the duration of his four-year term.

He described the whole situation as “frustrating.”

“I don’t understand where they are coming from because my residence has been within the ward since January [2024],” Friederichs said at the time.