Voting machine. (FOX 9 / FOX 9)
SHAKOPEE, Minn. (FOX 9) - The mystery over 21 missing ballots in Minnesota House District 54A appears to be the result of human error, according to the Scott County Attorney's Office.
"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. This unfortunate situation resulted in a level of confusion that should not have occurred," said County Attorney Ron Hocevar. "In the interest of full transparency, we have included a link to the information provided to the attorneys for both candidates this morning. It’s important to note that the investigation is ongoing and we hope that more information will be forthcoming."
What happened
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There's been mystery in the House District 54A race, which includes Shakopee and Scott County, after some voters checked in to vote but whose ballots did not appear in the vote totals.
Scott County began investigating why it counted 21 more people checking in to vote early at two precincts than it counted returned ballots from that precinct.
The mystery led to House Republicans saying they plan to file an election contest lawsuit after incumbent Rep. Rob Tabke (DFL-Shakopee) beat Republican challenger Aaron Paul by 14 votes after a hand recount of ballots.
READ MORE: MN House Republicans filing election contest lawsuit in District 54A
Human error is likely cause for missing ballots
On Wednesday, the Scott County Attorney's Office released its preliminary investigation report about the 21 missing ballots in Shakopee, finding "Scott County has come to the conclusion that the ballots were likely disposed of while they were in their secrecy envelopes, after being removed from their signature envelopes but before being tabulated."
The issue with the missing ballots was discovered during an audit on Nov. 7, with county staff finding 20 ballot records for Precinct 10 and one for Precinct 12A. It's not uncommon for one voter to check in and not vote, so the discrepancy in Precinct 12A was not pursued and the focus was on Precinct 10, the report says.
In precinct 10, Shakopee reported processing 329 voters but reported results for 309 ballots, with the transfer case holding 309 ballots. The ballots for Shakopee were counted at least four times, the report says.
County staff eliminated various possibilities for the ballot discrepancy, finding it was unlikely to be 20 voters just changing their minds and not voting. Staff counted signature envelopes and verified the number matched the number of voters, and absentee ballots were counted and matched to the signature envelopes — all were accounted for, the report says.
"County staff then checked a spreadsheet report that was provided by city staff tracking absentee ballots submitted in Shakopee," the report says. "The report was found to reflect a 21-ballot discrepancy between Oct. 17 to Oct. 18 when the sheets were reflecting ballots received and machine counts of ballots tabulated. Specifically, the running balance of absentee ballots accepted, when added to the first day number of direct voters, did not total the number of ballots reflected on the tabulator counter; the machine was 21 ballots short."
It was then found that 20 ballots were accepted by the Ballot Board on Oct. 17, covering the voting period from Oct. 15-17. The county wasn't able to recheck the city's secrecy envelopes for the missing ballots because they were not returned with the city's election materials.
"A request was made to the city for their secrecy envelopes, and the county was advised they had been thrown into the garbage," the report states. "The county tracked the trash and recycling to a landfill in Burnsville and DemCon respectively, but learned that the recycle bale had already been sent for shredding."
The investigation into the ballots is ongoing, but Scott County staff made the following "preliminary conclusions" based on the "facts that there were 20 accepted ballots for [Precinct] 10 on Oct. 17 (exactly matching the discrepancy for that precinct), and the tabulator numbers showed a discrepancy as of Oct. 18 (the first day ballots would have been scanned and that the secrecy envelopes were disposed of):"
- That 20 absentee ballots in Precinct 10 were properly accepted for counting on Oct. 17 and should have been counted;
- That these ballots are the ballots that were not counted;
- That the ballots were most likely were never removed from their secrecy envelopes;
- That the ballots were likely in their secrecy envelopes when the secrecy envelopes were thrown away;
- That the ballots most likely will not be recovered; and
- That 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.
You can read the full report at the bottom of this page.
What they're saying
House Republican Speaker-designate Lisa Demuth (R-Cold Spring) released a statement on Wednesday, reaffirming why they're filing a lawsuit.
"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," Demuth said. "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."