Hearing on GOP election contest of DFLer Tabke’s victory set for Monday

A hearing on Minnesota House Republicans’ election contest of a DFL representative’s victory in a consequential Shakopee-area race is scheduled Monday.

The court proceedings, set to start at 9 a.m. at the Scott County Justice Center in Shakopee, come a little over two weeks after the House GOP and Republican Aaron Paul filed a lawsuit contesting the results of DFL Rep. Brad Tabke’s election.

The suit, filed in Scott County District Court, alleges county elections officials engaged in “deliberate, serious and material violations” of state election law when they lost 21 ballots yet declared Tabke, the incumbent, the winner of the 54A race by 14 votes.

House Republicans are asking Judge Tracy Perzel to declare a vacancy for Tabke’s seat once his current term ends, allowing voters to pick a winner “pursuant to Minnesota law governing special elections.”

David Zoll, Tabke’s attorney, denied the allegations in court filings, contending the court lacks the authority to declare a vacancy for Tabke’s seat and arguing Scott County officials didn’t violate election laws when they reported results that excluded the missing ballots.

The outcome of the hearing could determine the distribution of power in the Minnesota House. DFLers and Republicans will share power for the first time since 1979 if Tabke’s victory stands. If Paul were to win, Republicans would have a slim one-vote majority.

The contest has dragged on for weeks between Paul, a Bloomington police officer, and Tabke, a former Shakopee mayor who has served two nonconsecutive House terms.

Tight early returns — Tabke initially led Paul by 14 votes in the days after the Nov. 5 election — prompted the Republican candidate to request a recount. When the Scott County canvassing board met Nov. 25 to certify the recount’s results, Tabke’s advantage stood at 14 votes.

But questions about 21 missing absentee ballots swirled during the certification. Scott County officials became aware Nov. 7 of a discrepancy between the number of absentee ballots recorded and the number tabulated in two Shakopee-area precincts.

That prompted the county to investigate the whereabouts of 20 missing ballots cast in the 10th Precinct, which Tabke won by almost 200 votes, results posted to the secretary of state’s website show. Officials opted not to look into a missing ballot cast in another precinct after noting it’s not uncommon for one voter to check in and not vote, according to a preliminary investigation.

That initial audit found the 20 missing absentee ballots were likely thrown away inside their inner envelopes before being tabulated. Scott County Attorney Ron Hocevar blamed the episode on “human error.”

Zoll, Tabke’s attorney, said in court filings that it’s “extraordinarily unlikely” the inclusion of 20 missing ballots from a precinct Tabke won would change the final result.

Paul’s attorney, Reid LeBeau, is asking the court to prohibit the Scott County auditor and secretary of state from certifying Tabke’s victory, declare the 54A race invalid and determine a vacancy exists, and recommend the House refuse to seat Tabke.

If Tabke appeals Perzel’s decision, the matter would go directly to the Minnesota Supreme Court. Court decisions would then be forwarded to the Minnesota House for a legislative hearing, according to state statute.