MN Judge Sides With Democrats In Election Involving Missing Ballots

SHAKOPEE, MN — A judge ruled in favor of Democratic Rep. Brad Tabke on Tuesday morning, rejecting the claims made by his GOP challenger to contest the results of the November election.

Dakota County Judge Tracy Perzel denied Republican Aaron Paul’s request for a special election after Tabke was declared the winner by 14 votes, despite 20 missing absentee ballots.

"Aaron Paul has not proven his three election contest grounds by the greater weight of the evidence," Perzel wrote.

Paul can appeal Perzel’s ruling to the state Supreme Court.

"Judge Perzel's ruling was decisive," Tabke wrote in a statement. "Speaker-Designate Demuth should now unequivocally agree that the House GOP will not overturn the voters in our Shakopee 54A Election AND agree to govern together for the people of Minnesota. We can start together today at noon if she wants."

Meanwhile, Republican Speaker-designate Lisa Demuth, R-Cold Spring, responded to today’s ruling by voicing criticism of the decision.

"The underlying facts of the case remain unchanged: there were 20 ballots destroyed in a race decided by just 14 votes," Demuth wrote.

"The judge relies on testimony from voters, while downplaying the inconsistencies and lack of absolute certainty that the correct set of voters was identified. Furthermore, allowing this decision to stand would set the precedent moving forward that voters must violate their fundamental right to a secret ballot in order to clear up cases where ballots are destroyed, and may increase the likelihood of bad actors choosing to destroy certain sets of ballots in tight races."

Demuth suggested that the House may withhold seating Tabke, citing the Minnesota Constitution, which states, "Each house shall be the judge of the election returns and eligibility of its own members."

Demuth said House Republicans "will evaluate this lengthy ruling and consider options in the coming days."