Republican candidate won't appeal judge's ruling in Shakopee House race missing ballots case
SHAKOPEE, Minn. — The Republican candidate who narrowly lost a Minnesota House election in a suburban Twin Cities district says he won't appeal a judge's affirmation of the DFL candidate's victory.
A judge last week ruled DFL Rep. Brad Tabke's win in District 54A by 14 votes was valid. Republican challenger Aaron Paul filed an election contest after 20 missing ballots from one precinct were mistakenly tossed in the trash.
On Friday, Paul said he still has "grave concerns about the administration of the 54A election," but he will not appeal the decision to the Minnesota Supreme Court. Paul said his decision was partially informed by the fact that "even Brad Tabke agrees that the court's opinion is only advisory, and the legislature still retains its constitutional authority to determine its members."
"In my mind, there should still be another election, and the legislature has the ability to make that happen," Paul said. "An appeal would not result in a new election, and that reality weighed heavily in my decision."
In her ruling, Judge Tracy Perzel determined that Tabke "remains the candidate with the most votes legally cast in the 2024 General Election" and that "the election is not invalid."
Even with Perzel's ruling, Democrats feared Republicans would attempt to unseat Tabke, because the Minnesota Constitution gives power to the legislature to "judge the election returns and eligibility of its own members."
Minnesota Supreme Court issues quorum ruling
Also on Friday, the Minnesota Supreme Court ruled in favor of the DFL in a House power dispute over what constitutes a quorum — the minimum number of members required to conduct business.
After the November elections left the chamber in a 67-67 tie, a judge ruled the DFL winner in District 40B was ineligible to hold office because of residency requirements. Republicans argued their 67 members constituted a quorum because of the vacant seat, while Democrats believed 68 members were necessary. DFL representatives boycotted the start of session in an effort to deny Republicans a chance to organize as a majority and, potentially, unseat Tabke. Republicans convened anyway, electing Rep. Lisa Demuth as House speaker. The high court's ruling invalidates that appointment.
