Republicans file court challenge in close state House race after officials say 21 ballots likely thrown away
SCOTT COUNTY, Minn. — The Republican candidate in a close state House race is asking a judge to invalidate the results and declare a vacancy for that seat, which could prompt a special election sometime early next year.
Incumbent DFL Rep. Brad Tabke beat GOP candidate Aaron Paul by 14 votes and maintained his lead after a recount in the race for House District 54A covering Shakopee. But at the heart of the court challenge are 21 missing ballots that Scott County officials determined were likely thrown away in the trash and cannot be recovered. That's more than the margin of victory in this election.
"Scott County election officials unlawfully lost and failed to count significantly more ballots than would be needed to change the announced result of the election, meaning at the very least the actual victor is in absolute doubt and at worst the candidate who received fewer votes has been announced as the winner," Reid LeBeau, attorney for Aaron Paul, wrote in the election contest filing.
Paul is asking that the court "declare that the election for House District 54A is invalid and that a vacancy in House District 54A exists" and issue a recommendation that the House of Representatives "refuse to seat Representative Tabke to the House District 54A seat."
The outcome of this race determines the balance of power in the House. With Tabke's victory, the chamber is at a 67 to 67 tie. If Paul prevailed, Republicans would have a one-seat majority. But for now, legislative leaders are exploring a power-sharing agreement as they plan for a divided chamber.
State law says a judge will need to set a hearing within 15 days of the filing, which was submitted Friday. After a judge's finding in an election contest, the case goes to the House chamber to vote on. Members have constitutional authority over "election returns and eligibility over their own members."
That means the issue will likely remain unresolved for weeks. State law bars Tabke from voting on any matters related to the contest.
David Schultz, political science professor at Hamline University, said election contests are rare to begin with but the circumstances of this case make it even more of an anomaly. The only election contests in recent memory were dismissed, according to a list compiled by the Minnesota Legislative Reference Library.
"Given how close and given the stakes in this case — because of the fact that it could determine partisan control — it's not inconceivable that the courts might say, 'in order to ensure voter confidence in the system, let's just order a re-election,'" Schultz said.
If there were a special election, that wouldn't happen before February most likely, he said. State law says the governor must issue a writ for a special election within five days of a vacancy occurring during session and that election be held as soon as possible, with at least a 14-day notice.
