Minnesota GOP Sues Over Close House Race, Alleging Missing Ballots
Minnesota Republicans initiated legal action on Monday, seeking a new election for a state House race. The incumbent Democrat, Brad Tabke, secured victory by a mere 14 votes. However, an investigation revealed that election officials likely discarded 20 valid absentee ballots due to a counting error.
This race holds significant implications for the Minnesota House, where both parties are negotiating a power-sharing agreement based on a projected 67-67 tie. A Republican win in a potential special election could tip the balance, granting the GOP a one-vote majority.
Democrats maintain a one-vote advantage in the state Senate. Therefore, regardless of the contested House race’s outcome, Minnesota will experience some form of divided government in 2025, following two years of complete Democratic control.
The lawsuit alleges that Scott County election officials’ actions severely violated Minnesota Election Law and eroded public trust in the electoral process.
Rep. Brad Tabke was declared the winner last week after a recount and official canvass. However, a post-election audit by Scott County election officials revealed they couldn’t account for 21 absentee ballots.
County Attorney Ronald Hocevar’s preliminary investigation indicated that election workers likely discarded at least 20 of these ballots, possibly in a paper bale sent to a recycler for shredding. He stated that recovery is unlikely, and even if found, proving an unbroken chain of custody to ensure against tampering would be challenging.
In Minnesota, absentee voters use a double-envelope system: a security envelope for the ballot and a signature envelope with identifying information. Ballots are to be removed from the security envelopes before tabulation.
The county attorney concluded that the 20 ballots, all from the same precinct, were initially accepted but likely remained in their secrecy envelopes when discarded. The investigation remains inconclusive about the 21st ballot from a different precinct.
This isn’t the first recent instance of missing absentee ballots.
In 2020, a similar incident involving military ballots in Pennsylvania, which President Donald Trump cited to support fraud claims, saw a temporary election worker mistakenly discard seven ballots. These ballots were later recovered and counted.
Minnesota House Republicans filed the lawsuit on behalf of GOP candidate Aaron Paul, urging the court to invalidate the results and declare Tabke’s seat vacant, citing the impossibility of relying on the current results due to “undisputed facts”.
House Minority Leader Rep. Lisa Demuth advocates for a new election to uphold process integrity.
“We appreciate the efforts by Scott County to investigate this matter and be transparent about their findings,” Demuth stated.
House Democrats, however, express confidence in winning the court challenge.
“Rep. Brad Tabke won the election in District 54A by the count on Election Night and in the recount,” Speaker Melissa Hortman said. “We expect Rep. Tabke will prevail again in the election contest.”
Republicans also filed a separate lawsuit last month concerning a different House race in Roseville, alleging the winner’s residency is outside the district. Democrats deny this; the district is heavily Democratic, making a power shift unlikely even with a special election.
___
Associated Press writer Christina Almeida Cassidy contributed to this story from Atlanta.