Closest state House race with missing ballots wraps up day one of election trial
SHAKOPEE, Minn. — A Scott County judge on Monday heard arguments in an election contest with 21 missing ballots in question and whose outcome could determine the political power balance in the Minnesota House.
It's the latest development in a weeks-long saga since the election in which DFL Rep. Brad Tabke defeated GOP challenger Aaron Paul by 14 votes in House District 54A, which covers Shakopee. A recount affirmed that victory but Scott County elections officials identified a discrepancy between records of people voting absentee and the number of ballots counted. The county attorney said the preliminary investigation determined those ballots were likely discarded in the trash and cannot be recovered.
Paul is asking the judge to invalidate the results of the election due to this error. His attorney, Reid LeBeau, in opening statements, said the misstep undermines public trust in the election.
"At the conclusion of this case, there will be one inescapable fact: more votes were lost and not counted, and separates the two candidates for House District 54A," LeBeau said Monday. "The only way to ensure the will of the voters and to restore certainty and confidence in our elections is to have a new election for that seat."
The election contest has no jury; District Judge Tracy Perzel will make a decision after the two-day trial concludes. Monday's testimony included six voters identified as individuals whose ballots were determined to be missing who said under oath that they voted for Paul. Their identities were kept secret—they were only identified by a number.
"It upsets me a lot," said Voter 15 of learning her ballot was likely discarded. "Because it was a major election and to not have my voice heard on who I want really upset me."
Another, Voter 17, said he felt "robbed" and that the whole incident made him question the integrity of the election.
Meanwhile, Tabke's attorney David Zoll said that nullifying the results and having a new special election is an "extreme step" that would harm 22,000 voters who cast ballots in this state House race, noting that far fewer people typically vote in special elections.
"The evidence will demonstrate that had those 20 ballots, been counted, the outcome of the election would have been the same," he said. In court documents, he noted that the precinct where 20 of the ballots at issue were cast supported Tabke by 14 percentage points.
LeBeau argues that the results of the election are in doubt and that the error was "deliberate, serious and material," which should prompt a new contest. But Zoll in court filings said there is "no evidence to suggest that the alleged failures to secure, maintain, and count the ballots were the result of deliberate conduct."
Elections administrator questioned about investigation of missing ballots
Julie Hanson, the elections administrator for Scott County, took questions for three hours about the scope of the investigation, retracing the steps of how her office determined what likely happened to the ballots and to whom they belonged.
She acknowledged certain election procedures were not followed and said the former city clerk for Shakopee was responsible for processing the ballots that went missing and that she acted alone, contrary to protocol that two members of the absentee ballot board review them.
The county informed the city of the error, she said, and their investigation determined the ballots were likely left in a "secrecy" envelope when the absentee ballots were opened and being sorted, so they were ready for tabulation. But ultimately, they were never counted and most likely thrown in the trash.
"It was inappropriate and should not have happened," she said.
Hanson said the investigation is still continuing — they are working with a forensic specialist to review large files of security footage from Shakopee City Hall that may offer more evidence. But when pressed further, she said her confidence in the county's conclusion had increased since their initial fact-finding and inspection began.
"Have you identified any other plausible explanation for when or how the 20 uncounted ballots were lost?" asked Zoll, Table's attorney.
"I have not," Hanson replied.
Why the election contest matters
The Minnesota House after the results on Election Day stands at a 67-67 tie. If there were to be a new election with a different outcome, that would change the power balance in the chamber and give Republicans a one-seat majority.
The judge in this case will review the evidence and testimony and make a decision at a date yet to be determined. But the issue could remain unresolved before the legislative session begins on Jan. 14.
There is a separate election contest challenging the residency of a DFL candidate in another metro district that could have a similar impact on the make-up of the House.
