The first day of a bench trial to determine control of the Minnesota House centered on 20 missing ballots in the House District 54A race. The outcome of this trial hinges on whether the identities of the voters who cast these ballots can be determined. In this closely contested race, Rep. Brad Tabke defeated GOP challenger Aaron Paul by a mere 14 votes. A Tabke victory would result in a 67-67 deadlock in the House, delaying the currently stalled power-sharing agreement between Republicans and Democrats.
Paul is challenging the election results. Both sides agree that 20 absentee ballots, delivered in person at Shakopee City Hall around October 17th, went missing due to likely accidental disposal by an election official. While the county exhausted all efforts to recover them, they remain lost.
Tabke’s attorney, David Zoll, argued that identifying the voters who cast the missing ballots is possible, allowing them to determine how those votes would have impacted the outcome. He also argued that a special election would disenfranchise the 20,000 residents who already voted.
Paul’s attorney, Reid Lebeau, countered that definitively identifying the voters is impossible, advocating for a special election to ensure election integrity. He stated, “In the end, this court will be left with a clear choice. Either we restore certainty and confidence in our elections, in the system, or we don’t.”
Judge Tracy Perzel had previously ruled that voter identities would remain sealed, identified only by number. Despite this, both sides presented evidence suggesting they had identified the 20 voters through elimination based on the timing of ballot submissions. Lebeau called six voters to the stand, all of whom testified they voted for Paul and felt disenfranchised.
Testimony on Monday delved into Scott County election procedures, focusing on how the ballots went missing. Scott County Elections Administrator Julie Hanson detailed discovering a discrepancy and her subsequent investigation. She believes the ballots were discarded while still in their secrecy envelopes due to a procedural error. This error, she testified, was “very large” and should not have occurred. Hanson indicated that discarding secrecy envelopes after processing ballots was a practice that may have been in place before the 2024 election.
Further witnesses were expected on Tuesday, with the judge’s ruling still pending. Rep. Tabke attended the trial, while Paul did not. A separate election contest in House District 40B is also underway, challenging the residency of the winner, potentially giving Republicans temporary control of the House if the outcome is overturned.
(Article by Michelle Griffith, Minnesota Reformer, December 16, 2024)