ST. PAUL, Minn. (AP) — A judge has dismissed a lawsuit challenging whether Republican Michelle Fischbach can serve as both Minnesota’s lieutenant governor and as a state senator.

Ramsey County Chief Judge John Guthmann dismissed the suit Monday. The lawsuit was brought by Destiny Dusosky, a constituent in Fischbach’s heavily Republican Senate district who chaired the local Democratic Party chapter last year.

But the judge ruled the court lacked jurisdiction. Dusoky’s attorney, Charles Nauen, says a decision on an appeal is expected soon.

The dispute arose from Democratic Gov. Mark Dayton’s decision to appoint 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.

The Legislature convenes the 2018 session Feb. 20.

(© Copyright 2017 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

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