Judge: DFL candidate’s election stands for Shakopee-area Minnesota House seat
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A DFL Minnesota House incumbent who narrowly won reelection should be able to begin a new term at the Capitol, a judge ruled Tuesday — despite an election challenge centering on a pool of ballots that were cast but never counted.
Judge Tracy Perzel ruled that state Rep. Brad Tabke won the Minnesota House race in the Shakopee area. He was certified the winner after a recount in November, but Republican Aaron Paul sued. Paul argued that about 20 missing ballots could have swung the result of the election and he recommended a special election would erase any doubt.
In her ruling, Perzel said that sworn testimony from voters believed to have cast the missing ballots showed that it was mathematically impossible for Paul to have pulled ahead in the race.
Perzel’s order states that Tabke “remains the candidate with the most votes legally cast in the 2024 General Election for Minnesota House District 54A” and that “neither an injunction nor a special election is warranted or ordered.”
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She said even with the missing ballots, the math couldn’t break in Paul’s favor. Tabke’s attorney brought to the stand six voters whose ballots went missing. They said they’d voted for Tabke.
“Even with the 21 uncounted ballots, there is not uncertainty in the present, official election results as to which candidate received the most legally cast votes or an effect on the election results,” Perzel wrote.
The ruling potentially could be appealed to the Minnesota Supreme Court.
“We won the election here in Shakopee and we should be serving as the state representative and should continue serving as the representative for Shakopee," Tabke said following the judge’s ruling.
Tabke’s victory was the closest of any House race in November. He received 49.95 percent of the vote to Paul’s 49.89 percent, out of nearly 22,000 votes cast.
Tabke’s lawyers said a special election could leave more voters out of the decision because they historically have a fraction of the turnout that is seen in November elections. Tabke celebrated the ruling on Tuesday and said it affirmed that he should be recognized as a member of the House.
“The judge’s orders are clear and decisive. We won this election, and there’s no reason to doubt it. The judge has reconfirmed I am a member of this Legislature,” Tabke said in a statement. “I’m ready to get to work today for Shakopee and for Minnesota.”
On its face, the result would maintain the temporary one-vote advantage for Republicans — 67 to 66 — heading into the 2025 legislative session. But Republicans have suggested that they will not seat Tabke, regardless of a ruling in his favor. The Minnesota Constitution says that the Legislature has the final say in determining who is a member.
In a statement following the ruling, House GOP Leader Lisa Demuth said her caucus would evaluate the ruling and consider options.
“The Minnesota Constitution is clear that ‘Each house shall be the judge of the election returns and eligibility of its own members,’” Demuth wrote.
She said the ruling “relies on testimony from voters, while downplaying the inconsistencies and lack of absolute certainty that the correct set of voters was identified.”
Democrats have threatened to boycott the start of the session if GOP leaders refuse to accept Tabke’s win. They said that could prevent Republicans from taking control because a quorum might not be established. It takes 68 votes to move bills and take other steps in the 134-member body.
DFL House Leader Melissa Hortman said the ruling affirms that Tabke should be seated in the House and she urged Republicans to recognize him as a valid member.
“It is outrageous for Republicans to continue to suggest that they would kick out a duly elected member,” Hortman said Tuesday morning. “Given Republican statements this morning indicating their intent to ignore the election results and the court’s decision, Democrats have no other recourse to protect the will of the voters than to deny quorum until the special election in (House District) 40B has concluded and that new member is sworn in.”
In a statement following the judge’s ruling Tuesday, Minnesota DFL Chair Ken Martin said “the voters and the courts have both spoken, and it is time for Republicans to accept that they lost this election. Defying the courts and the voters to overturn an election would be an outrageous and illegitimate abuse of power.”
“A partisan vote by Republican legislators to overturn this election cannot be tolerated and will not go unanswered,” Martin wrote.
MPR News reporter Clay Masters contributed to this report.
