Can Payneville Republican Michelle Fischbach remain in the state Senate at the same time she’s lieutenant governor? It’s up to a judge after a court hearing Tuesday in Saint Paul. One of Fischbach’s constituents — a Democrat — filed suit, arguing it’s unconstitutional for her to hold both offices at once. Fischbach’s attorneys disagree, pointing to court rulings in prior cases. Motivating the lawsuit is Democrats’ attempt to regain majority control of the state Senate. Whether they’re successful depends on the final outcome of not only this court case, but also next Monday’s special election for an open Senate seat in Saint Paul Park.