20 missing ballots in Minnesota House race with 15-vote margin were likely thrown away, county attorney says
SCOTT COUNTY, Minn. — The preliminary investigation into what happened to 20 ballots unaccounted for in the closest state House race in Minnesota concluded that they were likely thrown away and won't be recovered, the Scott County attorney said Wednesday.
The update adds a new layer to a contest that Republicans have pledged to challenge in court. A recount of ballots last week showed DFL incumbent Rep. Brad Tabke maintained his lead over GOP challenger Aaron Paul, widening his victory by just one vote for a total of 15.
But looming over that recount was the question of a 21-ballot discrepancy that Scott County officials found in two precincts: Officials said they had records of 21 more people voting than ballots received.
"The preliminary investigation into the 21-ballot discrepancy hasn't been determinative thus far, and it appears likely to be the result of human error that occurred during the collection of early absentee ballots at the City of Shakopee," said Ron Hocevar, the Scott County attorney in a news release. "This unfortunate situation resulted in a level of confusion that should not have occurred."
Hocevar provided more details in an investigative summary: According to county staff findings, 20 of those voters were in a single precinct and the one other was in another precinct. Staff noted, he explained, that it is not uncommon for one voter to check in and not vote so the focus shifted to the precinct with the 20 ballot discrepancy.
Absentee ballots arrive at the election office with two envelopes inside — one with the voter's certification that they can legally vote and a witness signature, and the other a secrecy envelope containing the actual ballot.
The investigation is not complete but Hocevar said county staff made a preliminary conclusion that the absentee ballots "were likely in their secrecy envelopes when the secrecy envelopes were thrown away" and "most likely will not be recovered."
"Even if 20 ballots were found, it is unlikely that their chain of custody can be proven to assure they have not been tampered with," he added.
This story is developing and will be updated.