Expand / Collapse search
☰

MN District 54A race: Mystery of missing ballots solved, election lawsuit in trial

By
Published  December 16, 2024 7:16pm CST
Politics
FOX 9

Minnesota District 54A missing ballots identified

Twenty ballots that disappear in Minnesota District 54A sparked a lawsuit from the GOP, one which the balance of power depends on. FOX 9's Corin Hoggard has more.

The Brief

    • The mystery of the 20 missing ballots appears to be solved in Scott County, where a House race decided by 14 votes could determine control at the Capitol.
    • DFL attorneys argue they can ensure confidence in the outcome by asking the voters now identified as casting those ballots. They'd only need to confirm four of the 20 voters cast ballots for their candidate.
    • GOP attorneys argue the clerk's error destroys election integrity, so a new election must be held. They called four of the 20 voters as witnesses. Each of them said they voted for the Republican candidate.

SHAKOPEE, Minn. (FOX 9) - The balance of power at the state Capitol depends on the outcomes of two court cases, including one involving about 20 disappeared ballots.

It’s an even split in the House, but the GOP is challenging two DFL winners and one of those cases was in court Monday, where it appears the mystery of the missing ballots is mostly solved.

Mystery solved?

Voters identified: Election officials in Scott County believe they’ve identified the 20 people who cast ballots that never got counted.

We now know how some of them would’ve voted, but a judge will have to decide if there should still be a whole new election.

"The facts will show the results of the election are in doubt," said GOP attorney Reed LeBeau.

Why 20 ballots matter

Tight race: Just 14 votes separated incumbent Rep. Brad Tabke and his GOP challenger Aaron Paul after a November recount.

But while they counted ballots again, Scott County election officials also tried to follow the trail of 20 missing ballots.

Destroyed ballots

Clerk's mistake?: They now believe Shakopee’s city clerk destroyed those ballots — about 40% of the votes cast at City Hall between Oct. 15 and 17.

"Did she inform you as to whether or not she had opened those envelopes?" DFL attorney David Zoll asked elections administrator Julie Hanson.

"She stated that she had not, that she was doing another activity at that time," Hanson said.

"Did you find that statement to be credible?" Zoll asked.

"I did not," Hanson said, testifying that other evidence -- including time stamps and information from other election workers -- pointed to the clerk, Lori Hensen.

FOX 9 has learned Hensen left the job Dec. 6 after 23 years, but she could testify Tuesday.

Election officials believe they identified all 20 voters whose ballots disappeared.

Erasing doubt

Count the uncounted: Democrats say they can erase any doubt in the outcome by checking with them.

"The evidence will demonstrate that had those ballots, those 20 ballots, been counted, the outcome of the election would’ve been the same," Zoll said.

In fact, the GOP’s attorney called four of them as witnesses Monday, each of them saying they voted for Paul.

Election without Integrity?

"Unacceptable": One said it was unacceptable his vote wasn’t counted.

Another said he felt like he’d been robbed and questioned the integrity of the election, which is why the GOP is asking to throw out the results.

"The only way to ensure the will of the voters and to restore certainty and confidence in our elections is to have a new election for that seat," LeBeau said.

Who wins?

Final outcome: The DFL would only need to identify four Tabke voters among the 20 to keep him as the winner, and they believe they can.

It’s up to the judge whether that’s enough. That decision could come any time in the next month.

Politics2024 ElectionScott County