A Dakota County judge has ruled that incumbent Minnesota State Representative Brad Tabke will remain the winner in a closely-watched, and razor thin, victory in Scott County.
The ruling against Republican challenger Aaron Paul denies his request to hold a special election after it was determined that 20 ballots had been accidentally thrown out, while Tabke's margin of victory was just 14 votes.
However, the ruling, the Dakota County judge stated that the facts did not meet the requirements for a special election. In the ruling, the judge states "Brad Tabke remains the candidate with the most votes legally cast in the 2024 General Election for Minnesota House District 54A." Then goes on to say, "This election is not invalid."
It's unclear if Paul will appeal the ruling which could go to the Minnesota Supreme Court.
"The underlying facts of the case remain unchanged: there were 20 ballots destroyed in a race decided by just 14 votes," Republican Speaker-Designate Lisa Demuth (Cold Spring) said in a statement responding to the ruling. "The judge relies on testimony from voters, while downplaying the inconsistencies and lack of absolute certainty that the correct set of voters was identified."
She goes on to say it sets a precedent going forward that voters must violate their right to a secret ballot in cases where there are questions in tight races.
"We will evaluate this lengthy ruling and consider options in the coming days," said Demuth.
Representative Brad Tabke won the election in district 54A," said DFL Speaker-Designate Melissa Hortman (Brooklyn Park) in a statement. "His election night victory was first confirmed by the recount, and has again been confirmed by the court’s decision in the election contest. It is outrageous for Republicans to continue to suggest that they would kick out a duly elected member."
Hortman then goes on to say Democrats will not show up for Tuesday's gaveling-in of the session without an agreement with Republicans.
“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 40B has concluded and that new member is sworn in," she says.
"Democrats are united in our will to fight Republican efforts to kick Representative Brad Tabke out of the Minnesota House. We cannot allow Republicans to engage in this unprecedented abuse of power, and will use every tool at our disposal to block it.”
Until now, House Republicans had threatened to refuse to seat Tabke were they to gain power in the House, but that was before this ruling and before Democrats secretly were sworn in on Sunday night.
Democrats are threatening to boycott the session until a power sharing agreement is reached. A DFL win in a special election after a residency dispute for a seat in Roseville later this month would again tie the chamber at 67-67.
Power Sharing Dispute Continues
While this was going on in Scott County, Republicans and Democrat met into the night looking to forge that power-sharing agreement.
House Republican Leader Lisa Demuth told Vineeta Sawkar on the WCCO Morning News that an agreement was not reached, but they'll keep trying.
"I would be absolutely open to having those discussions," Demuth says. "We could even make some plans right now, going forward, but the way that we are hearing it and what has been presented by the Democrats is not workable. It is unrealistic."
House DFL Leader Hortman also responded to Sawkar on the WCCO Morning News about the Democrats not showing up for the start of the session.
"It's still possible that we could come to a written agreement," Hortman says. "But yes, we, in order for us to go in, we would have to adopt a power sharing agreement that makes clear that if we return to a tied chamber, that we would revert to the power sharing agreement that we've negotiated."
The 2025 legislative session is scheduled to start at noon Tuesday, and it appears Democrats will not show up to prevent a quorum. That would block Republicans from filling key leadership roles.
"We did negotiate until midnight, so I guess the reality is probably it's more likely than not that we won't be there," says Hortman. "But just still hope, hopeful for a breakthrough in negotiations this morning."
Demuth disputes the statement from Hortman that they had a full agreement in place prior to the special election being called in Roseville.
"We did not have a complete agreement, so any potential power sharing going forward, should the Democrats have 67 members again, that is all negotiable," said Demuth. "Basically, either line by line or item by item."
The GOP has a 67-66 edge in the House with one more race heading to a special election.
House Democrats took their oath of office behind closed doors on Sunday night in an unusual move Republican say was illegitimate.