SHAKOPEE, Minn. — Democratic state Rep. Brad Tabke’s legal team offered evidence from voters Tuesday that appeared to show he would have won enough votes from a batch of missing ballots to secure a narrow reelection.
David Zoll, an attorney representing Tabke, brought to the stand seven voters whose ballots were thrown away before they were counted in the House 54A race. Each said they’d cast a vote for the DFLer. “I have his yard sign at my house and it was present throughout the election,” a woman identified as “Voter No.
5” said while on the stand. The voters weren’t identified by name under a court’s order, but Judge Tracy Perzel and the attorneys in the case were supplied with information to verify they were likely the people whose ballots were improperly discarded in October. Tabke beat Republican Aaron Paul by 14 votes, a result verified by a hand recount and certified by the Scott County canvassing board.
County officials determined as part of a postelection review that 20 ballots were unaccounted for. A preliminary investigation determined they were received by the city but never counted. They were then disposed of and it’s unlikely that they can be recovered.
Testimony from the voters whose ballots were mishandled appears to cement a narrow lead for Tabke in the contest. Even if Paul could show he won the rest, it wouldn’t be enough to gain a lead. After the voters were done testifying, a statistician called to the stand by Tabke’s attorneys .
