A judge ruled Tuesday that Democratic Rep. Brad Tabke is eligible to take seat 54A in Shakopee despite 20 missing ballots.
Brad Tabke. (Courtesy of the Minnesota House of Representatives)
Judge Tracy Perzel wrote in her order issued Tuesday that she found the testimony from voters whose ballots went missing to be sufficient evidence that “this election is not invalid,” and “neither an injunction nor special election is warranted or ordered.”
The question of how the 20 ballots disappeared is what triggered the lawsuit in late November. After the seat went to a recount and Scott County officials said the 20 missing ballots likely were thrown away, Republicans filed a lawsuit, claiming there was no way to know who won with a margin of 14 votes and 20 missing ballots.
During the trial, 12 people whose ballots were lost testified. Six of them said they voted for Tabke, which would give him enough votes to be declared the winner even if the remaining eight votes were for Republican candidate Aaron Paul, Perzel wrote in Tuesday’s order.
With a one-vote majority in the House, Republicans said they are considering not seating Tabke, who was first elected in 2023, regardless of the outcome of the case. Republicans also have continuously raised questions of whether these were the “real voters” and whether more than 20 ballots went missing.
Whether Republicans have the power to unseat Tabke is still up in the air and comes down to the question of whether they have a quorum with 67 members. Democrats and Secretary of State Steve Simon, who presides over the Legislature on day one, said they believe a quorum requires 68 members. Republicans maintain that 67 members should constitute a quorum and be enough to conduct House business.
On Tuesday the House DFL boycotted the opening session after state Secretary of State Steve Simon declared the House adjourned as it lacked a quorum. House Republicans, however, proceeding with open day business, including naming Demuth speaker.
The ruling can be appealed to the Minnesota Supreme Court, and the state House is expected yet to vote on the court’s ruling.
Related Articles
Minnesota House Republicans elect speaker as DFL colleagues boycott session
MN House power sharing dispute could mean rough start for 2025 legislative session
Minnesota’s human services commissioner will step down next month
Pete Hegseth’s views on women in combat, infidelity and more — in his own words
MN House: Democrats threaten no-show while Republicans lay out priorities ahead of legislative session
Leave a Reply