SCOTT COUNTY, Minn. – The Republican candidate in a close battle for the House of Representatives is asking a judge to nullify the outcome and declare a vacancy for that seat, which could lead to a special election sometime early next year.
Incumbent DFL Rep. Brad Tabke defeated GOP candidate Aaron Paul by 14 votes and maintained his lead after a recount in the race for House District 54A over Shakopee. But the crux of the challenge before the court There are 21 missing ballots that Scott County officials have determined were likely thrown in the trash and cannot be recovered. That is more than the margin of victory in this election.
“Scott County election officials lost unlawfully and failed to count significantly more votes than would be necessary to change the declared outcome of the election, meaning that at the very least the actual winner is in absolute doubt and in worst-case scenario, the candidate who received fewer votes is announced as the winner,” Reid LeBeau, attorney for Aaron Paul, wrote in the election filing.
Paul asks that the court “declare that the election for House District 54A is invalid and that a vacancy exists in House District 54A” and make a recommendation that the House of Representatives “refuse to seat Representative Tabke in the House District seat 54A.”
The outcome of this race will determine the balance of power in the House of Representatives. With Tabke’s victory, the chamber is tied at 67 to 67. If Paul were to prevail, Republicans would have a one-seat majority. But for now, legislative leaders are exploring a power-sharing deal as they plan for a divided chamber.
State law requires a judge to hold a hearing within 15 days of the filing, which was filed Friday. After a judge’s ruling in an election battle, the case goes to the House chamber for a vote. Members have constitutional authority over “election results and eligibility over their own members.”
That means the problem will likely remain unresolved for weeks. State law prohibits Tabke from voting on matters related to the contest.
David Schultz, a 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 electoral contests in recent history were dismissed, according to a list compiled by the Minnesota Legislative Reference Library.
“Given how close and given the stakes in this case – given the fact that it could determine party control – it is not inconceivable that the courts could say, ‘To ensure voters’ confidence in the system, let’s just order a re-election. ‘, said Schultz.
If a special election were to happen, it most likely wouldn’t happen before February, he said. State law requires the governor to issue a writ for a special election within five days after a vacancy occurs during the session and that the election must be held as soon as possible, with at least fourteen days’ notice.
Caroline Cummings
