SHAKOPEE, Minn. — A disputed Minnesota House election is headed to the courts for a decision that could tip the balance of power in the chamber.
Republican Aaron Paul has filed a formal legal challenge to contest the results of the District 54A race, after an investigation by the Scott County attorney's office determined 20 absentee ballots were likely thrown away due to "human error" and cannot be recovered.
Scott County elections officials said DFL incumbent Rep. Brad Tabke initially led the race against Paul by 14 votes after election night. Tabke's margin widened by one vote to 15 after a recount, but remained within the margin of the missing ballots.
In a formal election contest filing in Scott County District Court, Paul's attorneys allege Scott County Elections Division "deviated from proper election procedures, which directly impacted the results of the election." The filing also raises the issue of uncertainty over the final vote count in such a close race, and alleges that "Scott County Elections officials engaged in deliberate, serious, and material violations of Minnesota Election Law."
Paul's legal challenge requests that a court prevent the Scott County Auditor and Minnesota Secretary of State from certifying Tabke's re-election and declare the election invalid, creating a vacancy that would result in a special election.
Should Paul's legal challenge prevail, it would tentatively give Republicans a 67-66 edge over Democrats in the Minnesota House until a special election. If the courts decline the challenge and Tabke's re-election is certified, the two parties would enter the session with a 67-67 tie in the chamber.
