20 missing ballots in Minnesota House race with 15-vote margin were likely thrown away, county attorney says

    SCOTT COUNTY, Minnesota (WCCO) -- The preliminary investigation into what happened to 20 ballots unaccounted for in the closest state House race in Minnesota concluded that they were likely thrown away and won't be recovered, the Scott County attorney said Wednesday.

The update adds a new layer to a contest that Republicans have pledged to challenge in court. A recount of ballots last week showed DFL incumbent Rep. Brad Tabke maintained his lead over GOP challenger Aaron Paul, widening his victory by just one vote for a total of 15.

"We are asking for a new election" said Rep. Lisa Demuth

But looming over that recount was the question of a 21-ballot discrepancy that Scott County officials found in two precincts: Officials said they had records of 21 more people voting than ballots received.

"The preliminary investigation into the 21-ballot discrepancy hasn't been determinative thus far, and it appears likely to be the result of human error that occurred during the collection of early absentee ballots at the City of Shakopee," said Ron Hocevar, the Scott County attorney in a news release. "This unfortunate situation resulted in a level of confusion that should not have occurred."

Hocevar provided more details in an investigative summary: According to county staff findings, 20 of those voters were in a single precinct and the one other was in another precinct. Staff noted, he explained, that it is not uncommon for one voter to check in and not vote, so the focus shifted to the precinct with the 20-ballot discrepancy.

When voting absentee, there are two key envelopes a voter needs to fill out: one with the voter's certification that they can legally vote and a witness signature, and the other a secrecy envelope containing the actual ballot. County officials believe the envelopes were accepted to be counted on the first day that officials were authorized to open them and prepare the ballots for tabulation, but they were likely tossed in the trash before that happened.

The report said the ballots were likely never removed from the secrecy envelopes when they were thrown away. Officials even traced the trash and recycling to a landfill in Burnsville only to learn the envelopes were likely already shredded.

The investigation is not complete, but Hocevar said county staff made a preliminary conclusion the ballots "most likely will not be recovered."

"Even if 20 ballots were found, it is unlikely that their chain of custody can be proven to assure they have not been tampered with," he added.

"Your vote matters. 20 votes is a small number...did you go out and vote?" said Scotts County resident, Rachel Walker Heine.

House Republicans said they will formally file their election contest in court on 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 Republican Leader Lisa Demuth said in a statement. "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. We appreciate the efforts by Scott County to investigate this matter and be transparent about their findings."

Tabke's victory puts the Minnesota House at a 67 to 67 tie. Any change in the outcome of this single district would alter the balance of power, giving Republicans a one-seat majority.