Judge says no special election necessary following legislative race with missing ballots

The judge said "there is no basis in fact or law for holding a special election."

ballots
Left: State Representative Brad Tabke/Facebook; Right: Aaron Paul for Minnesota House

A Scott County judge says there is no need for a special election to remedy a contested legislative race despite revelations that 20 ballots were likely thrown away in the election.

Last year, Republican Aaron Paul and Rep. Brad Tabke, DFL-Shakopee, competed for District 54A of the Minnesota House of Representatives. Located in Scott County, the district includes most of Shakopee. Following election night and a subsequent recount, Tabke was found to have a 14-vote lead in the race for the seat.

However, officials with Scott County later discovered that 20 ballots were unaccounted for and likely thrown away. Given that the margin of victory was smaller than the number of missing ballots, Paul filed an election contest lawsuit requesting a special election.

Lawyers for Paul argued that election officials deviated from election procedures, election law was violated, and there was uncertainty about who actually won the race. Tabke’s legal team argued that the election should not be thrown out due to the missing ballots because the 20 voters whose ballots went missing can be identified and asked about how they voted.

Later in the proceedings, six of the 20 voters identified by Scott County testified that they voted for Tabke, which would mathematically put the race out of reach for Paul even if all remaining votes were cast in the Republican’s favor.

However, Republicans and Democrats have publicly disagreed over whether there is certainty about the identity of the 20 voters whose ballots were likely thrown away.

Earlier today, Judge Tracy Perzel wrote that “Paul has not proven his three election contest grounds by the greater weight of the evidence.” The judge added that “there is no basis in fact or law for holding a special election.”

“The underlying facts of the case remain unchanged: there were 20 ballots destroyed in a race decided by just 14 votes. The judge relies on testimony from voters, while downplaying the inconsistencies and lack of absolute certainty that the correct set of voters was identified,” said Speaker Lisa Demuth, the leader of the House Republicans.

Following the judge’s conclusion, Paul does have the option to appeal to the Minnesota Supreme Court. If he chooses to appeal, the court will take up the matter in an expedited fashion. Regardless of either court ruling, the matter could end up being decided by the Minnesota House of Representatives.

The Minnesota Constitution gives the House final authority to determine the election returns and eligibility of its members. The state House is currently comprised of 67 Republicans, 66 Democrats, and one vacancy. As such, Republicans appear to have the votes to decide the matter.

“Ultimately the Minnesota Constitution is clear that ‘Each house shall be the judge of the election returns and eligibility of its own members.’ We will evaluate this lengthy ruling and consider options in the coming days,” added Demuth.

This is a developing story.

 

Luke Sprinkel

Luke Sprinkel previously worked as a Legislative Assistant at the Minnesota House of Representatives. He grew up as a Missionary Kid (MK) living in England, Thailand, Tanzania, and the Middle East. Luke graduated from Regent University in 2018.