Minnesota House Republicans plan to file lawsuit contesting election results in race decided by 15 votes
ST. PAUL, Minn. — The closest state House race in Minnesota is headed to court after House Republicans said Tuesday they will file a lawsuit challenging the results this week.
DFL incumbent Rep. Brad Tabke led GOP challenger Aaron Paul on Election Day by 14 votes, and he increased his margin of victory by one during a recount late last week.
On Monday, the Scott County canvassing board certified the results, but not without debate over whether or not officials should take that step at all due to lingering questions about potential votes that were not counted.
County officials said they discovered a discrepancy showing records of 21 people voting absentee, but those corresponding ballots are unaccounted for. An investigation is underway, but officials have not shared any details about what they think happened or when a review will be complete.
"The recount may be over, but the investigation into the 21 missing ballots in District 54A is still ongoing," said House Republican Leader Lisa Demuth in a statement. "Even after Friday's recount, enough ballots remain missing to potentially sway the outcome of the election. House Republicans are taking action to ensure that every legal vote counts and that the election is decided by the people of District 54A without interference."
The details of their election contest are not yet known; House Republicans have seven days after the certification in order to file.
But state law says a court can invalidate the results if it finds "a serious and material defect in the ballots used changed the outcome of the election." Statute allows for legal action, including because of "irregularity in the conduct of an election or canvass of votes" and "over the question of who received the largest number of votes legally cast."
Ron Hocevar, the Scott County attorney, told the board on Monday the investigation into the 21 ballots will be finished "as soon as possible."
"We obviously realize the campaigns and the citizens want to know there is some integrity here and that we'll be as transparent as possible getting that information to the candidates and the general public," Hocevar said.