 As president of the Senate, Fischbach was first in line to succeed her.The lawsuit was dismissed without prejudice by the chief judge of the Minnesota Second District Court in Ramsey County on the day of the special election, but another lawsuit was likely.The DFL needed to retain the seat for there to be a potential that the DFL could win control of the Senate if a special election were to occur if Fischbach were removed from the Senate as a result of a lawsuit.