SCOTT COUNTY, Minn. – The preliminary investigation into what happened up to 20 ballots missing in the closest race for the statehouse in Minnesota concluded they were likely thrown away and will not be recovered, the Scott County attorney said Wednesday.
The update adds a new layer to the battle between Republicans have promised to fight it in court. A recount of ballots last week showed DFL incumbent Rep. Brad Tabke maintaining his lead over GOP challenger Aaron Paul, widening his victory by just one vote for a total of 15.
But looming over that recount was the issue of a 21-vote discrepancy that Scott County officials found in two counties: Officials said they had records of 21 people voting more than received votes.
“The preliminary investigation into the difference between 21 ballots has thus far been inconclusive and appears likely to be the result of human error that occurred during the collection of early absentee ballots in the city of Shakopee,” said Ron Hocevar, the Scott County Attorney in a news release. “This unfortunate situation resulted in a level of confusion that should not have arisen.”
Hocevar provided more details in a research summary: According to county staff findings, 20 of those voters were in one precinct and the others were in another precinct. The staff noticed, he explained, that it is not unusual for one voter to come forward and not vote, so the focus shifted to the precinct with the 20-ballot difference.
Absentee ballots arrive at the election office with two envelopes inside: one containing the voter’s certification that they can legally vote and a witness signature, and the other a secrecy envelope containing the actual ballot.
The investigation is not yet complete, but Hocevar said county staff drew a preliminary conclusion that the absentee ballots were “likely in their secrecy envelopes when the secrecy envelopes were discarded” and “most likely will not be recovered.”
“Even if 20 ballots are found, it is unlikely that it can be proven that the ballots were not tampered with,” he added.
This story is developing and will be updated.