Legal battle over Shakopee House seat may not be over
The first week of the Minnesota legislative session wrapped up with DFL lawmakers continuing to avoid the House chambers.
Republicans have 67-66 seat advantage in the House currently but Democrats are expected to pick up an additional seat to tie it in an upcoming special election.
Another contested House election in District 54A, which includes Shakopee, has added to the power struggle. DFL Rep. Brad Tabke beat GOP challenger Aaron Paul, but questions about the race arose after Scott County officials said 20 ballots were accidentally thrown out without being counted. This week, a judge upheld Tabke’s win.
“Even though I think the ruling is pretty clear the election results can stand, technically it’s up to the Legislature itself,” explained Peter Larsen, an assistant professor at Mitchell Hamline School of Law who specializes in constitutional and civil rights law. “We have in the Minnesota state Constitution, Article IV Section 6, that covers how individuals who are in the House of Representatives or in the state Senate would be seated, and it squarely places that authority on the chambers themselves.”
DFL lawmakers said they are boycotting the session so far, in part, to protect Tabke’s seat.
“The Republicans made clear they are going to try to kick him out of the house,” said Rep. Melissa Hortman, who was the DFL House speaker-designate under the power-sharing agreement created after the election.
During an interview with Chief Political Reporter Tom Hauser for “At Issue” on Friday, House DFL Floor Leader Rep. Jamie Long asked Republican Rep. Harry Niska, “Will you or will you not allow Rep. Tabke to be seated?”
Niska was elected majority leader by Republicans, who have continued to conduct business despite questions over whether there is a quorum.
“The only one who is unseating Brad Tabke is Brad Tabke,” Niska said. “Today I’ve been to the house three times and Brad Tabke hasn’t taken his seat. There is a legal process that’s not done. There is a contest about his election. The Minnesota Supreme Court might still hear that if Aaron Paul chooses to bring it to the Supreme Court.”
Long responded, “So if we showed up on the first day of session, they would’ve kicked out our Rep. Brad Tabke — who has won his court case — so that puts us in an untenable position.”
Paul told 5 EYEWITNESS NEWS on Friday night he is still looking at all of his options. He said the discarded ballots call into question the accuracy and integrity of the final results.
“The court’s decision relies heavily on the accounts of individual voters while overlooking critical uncertainties and failing to address the fact that there is no definitive proof the right voters were identified,” Paul said. “This decision forces voters into an impossible position — potentially sacrificing their constitutional right to a private ballot to resolve instances where ballots are mishandled or destroyed. This is an unsettling precedent that weakens public trust in the electoral process. We will carefully review the court’s decision and consider our next steps. I remain committed to standing up for the voters of Shakopee and protecting the integrity of our election.”
Historically, lawmakers have respected the opinions from the court, according to Hamline University Political Science Professor David Schultz. He is also a professor at University of St. Thomas School of Law.
“Even though they’re technically suggestive, even though the Constitution says each body gets to make the decision on this, for the most part they have said, ‘All right, the courts have spoken, we’re going to respect what the courts have to say,’” Schultz said. “For them to defy, second guess what the court is saying is an incredibly unusual move that you just don’t see.”