Missing 54A absentee ballots likely thrown out, Scott County attorney says

The 20 missing absentee ballots voters cast in the closely watched Minnesota House race between DFL Rep. Brad Tabke and Republican Aaron Paul were likely thrown away before being tabulated, according to Scott County Attorney Ron Hocevar.

He blamed the episode on “human error” in a Wednesday update about an ongoing investigation into the situation.

Hocevar’s message came a day after House Republicans announced they would file an election contest lawsuit in the Shakopee-area District 54A race, saying in a Tuesday statement that the missing ballots have “obscured the results of the final vote tally.”

On Wednesday, the party issued a news release stating the House Republican Campaign Committee is expected to formally file that contest as soon as Friday.

“Today’s news confirms why we will be seeking an election contest to protect the integrity of the vote in District 54A with a new election,” House Minority Leader Lisa Demuth, R-Cold Spring, said in the release. “With 20 ballots missing and confirmation from Scott County that they will likely not be recovered, it’s impossible to declare a winner with a 14 vote margin.”

Tabke, who has a 14-vote lead over Paul, is on track to retain his seat after the Scott County Canvassing Board met Monday to certify the results of a recount. If Tabke and Dan Wolgamott, another DFL representative in a St. Cloud-area district, officially win their protracted contests, DFLers and Republicans will share power in the House for the first time since 1979.

Scott County’s investigation centers on 20 absentee ballots checked in at Shakopee’s 10th Precinct for which officials can’t account. (Also missing is an absentee ballot in Precinct 12A, though staff opted not to pursue that discrepancy after noting it’s not uncommon for one voter to check in and not vote.)

A three-page preliminary investigation summary released Wednesday outlines how the county determined those 10th Precinct absentee ballots were most likely discarded. One key to the initial findings? Envelopes.

Multiple sleeves encase absentee ballots in Minnesota. An inner envelope, known as a secrecy sleeve, contains the ballot but no identifying information about the voter to protect their privacy. That goes inside another envelope, known as a signature sleeve, that the voter signs. And that all gets placed inside the envelope use for mailing.

In the 54A race, an absentee ballot board followed the standard procedure for accepting or rejecting absentee ballots, the summary states. Members first examined the signature sleeves and recorded them into a statewide registration system. They then divided those envelopes by precinct before opening the signature and secrecy sleeves, removing the ballots and preparing them for tabulation.

As part of the investigation, county staff asked the city for the secrecy envelopes tied to the 20 missing ballots. That’s when staff learned those liners had been thrown out, prompting the county to track trash and recycling. The trash sat at a Burnsville landfill, according to the summary. The recycling, located at a Dem-Con facility, had already been sent for shredding.

That led to the conclusion outlined in the preliminary summary: The ballots were likely thrown out inside their secrecy envelopes before being tabulated.

“This unfortunate situation resulted in a level of confusion that should not have occurred,” Hocevar said in a statement, adding that the investigation is ongoing. He said in the summary that the ballots will most likely not be recovered, adding that even if they’re found, “it is unlikely that their chain of custody can be proven to assure they have not been tampered with.”

Demuth, the Republican representative, previously called on called on Scott County to “prove chain of custody if the ballots are located and guarantee that there was not malicious activity” that led to the ballots “being removed or destroyed.”

The update is the latest development in the protracted fight for the District 54A seat — tight since Election Day.

Early returns showed Paul, a Bloomington police officer, ahead in several precincts by small margins. Tabke, a former Shakopee mayor who has served two nonconsecutive House terms, maintained advantages in northeast Shakopee and a precinct north of Shakopee High School.

A few days after election night, Scott County officials rescanned some ballots cast in Shakopee after a scanning machine malfunction. The updated unofficial results increased Tabke’s one-vote advantage to 14.

Paul then requested a recount, with the margin between the two contenders remaining within the threshold set by state law for a taxpayer-funded one. Tabke led Paul by 14 votes after the Scott County Canvassing Board convened Nov. 25 to certify the recount’s results.

A day later, House Republicans announced their intent to contest the race.