Judge rules DFL Rep. Tabke's win in Shakopee House race is valid in missing ballots case
SHAKOPEE, Minn. — DFL Rep. Brad Tabke's narrow victory in a Twin Cities suburb House district is valid and there should be no special election for the seat, a judge ruled Tuesday.
Incumbent Tabke defeated GOP challenger Aaron Paul by 14 votes in November and there was a recount that upheld his win. However, during the election, 20 missing ballots from one precinct were mistakenly tossed in the trash, election officials said, prompting Republicans to file an election contest seeking a new election for the seat.
Voters linked to the ballots at issue testified during a two-day trial; six of them said under oath that they voted for Tabke while six others said they voted for Paul.
Tabke's attorney said voters' sworn statements provided evidence that the outcome of the election remains unchanged, but Republicans argued the error was a "deliberate, serious, and material violation of Minnesota election law" that would require a new election.
In her ruling Tuesday morning, Judge Tracy Perzel determined that Tabke "remains the candidate with the most votes legally cast in the 2024 General Election" and that "the election is not invalid."
"Paul has not proven by the greater weight of the evidence a deliberate, serious and material violation of election law that had an effect on the outcome of the election," Perzel wrote.
What's at stake
All of this comes as Republicans and Democrats are in a power dispute. The GOP has a one-seat majority in the House, at least until Jan. 28, when there's a special election for a Roseville-area seat that was at the center of another court challenge.
In that case, the judge ruled the DFL winner in District 40B was barred from taking the oath of office because he did not live in the district. The vacancy breaks up the partisan tie voters delivered after November's election and gives Republicans an edge.
But the judge's ruling in the Tabke case could still have an impact on the balance of power in the state House. That's because the Minnesota Constitution gives power to the legislature to "judge the election returns and eligibility of its own members."
It's why DFL leaders boycotted the first day of the legislative session in an effort to deny Republicans, through a parliamentary tactic, the chance to organize as a majority with the one-seat edge they have. They fear the GOP with its 67-to-66 advantage will vote to remove Tabke from the House.
Republicans respond
Republican House Speaker-designate Lisa Demuth said in a statement that the chamber would consider its options.
"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," she said. "Furthermore, allowing this decision to stand would set the precedent moving forward that voters must violate their fundamental right to a secret ballot in order to clear up cases where ballots are destroyed, and may increase the likelihood of bad actors choosing to destroy certain sets of ballots in tight races. 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."
Democrats respond
In a statement released late Tuesday morning, Democratic House Speaker-designate Melissa Hortman called the Republicans' plan to deny seating Tabke "outrageous," and said her DFL colleagues "have no other recourse to protect the will of the voters than to deny quorum" until the conclusion of the District 40B special election.
"Minnesotans delivered a 67-67 tie. The only way to respect the will of the voters is to seat all duly elected members and to share power equally. House Democrats are ready to work with Republicans," Hortman said. "Democrats are united in our will to fight Republican efforts to kick Representative Brad Tabke out of the Minnesota House. We cannot allow Republicans to engage in this unprecedented abuse of power, and will use every tool at our disposal to block it."
Hortman also said she offered Demuth a compromise on Tuesday morning, allowing Republicans to run the House for the next three weeks until the special election "in a safe DFL district" concludes on Jan. 28. After that, a power-sharing agreement would go into effect. However, Hortman said Demuth rejected the offer and would not agree to seat Tabke.
Tabke also released a statement following the judge's ruling, saying there is now no doubt his victory was legitimate.
"Leader Demuth must now unequivocally agree that the House GOP will not overturn the will of the 22,000 Shakopee voters AND agree to govern together for the people of Minnesota. We can start together today at noon if she wants. But if she's not, I'm grateful my colleagues are willing to stand up for Shakopee with me," Tabke said.
This story is developing and will be updated.