'Failure To Elect' In Framingham: What's Next After Recount Tie?

FRAMINGHAM, MA — A recount in the District 3 City Council race has ended in a tie, setting the state for a re-do election in Framingham.

The recount held Tuesday put District 3 Councilor Adam Steiner and challenger Mary Kate Feeney even at 997 votes each. Steiner initially came out ahead of Feeney by just two votes on Nov. 2. with 130 blank ballots and six write-ins.

Under state law, a tie is considered a "failure to elect," which typically means a special election will take place. City Clerk Lisa Ferguson referenced that phrase in a brief statement following the recount — but a city spokesperson could not say what comes next.

"We are pleased with the process. It went smoothly, and we appreciate everyone’s contribution," Ferguson said. "The recount today for District 3 City Councilor resulted in a failure to elect. The November 2, 2021, election results are now official."

Feeney sent a note to supporters Tuesday describing two possible scenarios after the tie: Steiner could challenge the results in court, or the two candidates could meet again in a runoff election.

"From day one my campaign is about change. It is about building a Framingham we are proud of for future generations," Feeney's message said. "Framingham’s traditional ways of operating no longer serve us as a community. We need a new generation of councilors who are ready to be innovative and take action to make our city a better community for everyone and stop kicking the can down the road."

A spokesperson for the Secretary of the Commonwealth said Tuesday that it's possible the City Charter's provision on vacancies could apply. Under the charter, the candidate with the next-highest number of votes fills any vacancy in a district Council seat. Absent that — such as in the case of a deadlocked recount — the City Council gets to fill the seat.

"Whenever a vacancy shall occur ... in that of district councilor and there is no available candidate to fill the vacancy in the manner provided ... the vacancy shall be filled by vote of the remaining members of the council. Notice of said councilor vacancy shall be posted for a minimum of twenty-one (21) days prior to the meeting at which the council shall fill any such vacancy," the charter says.

On election night, Feeney indicated she would seek a recount, and formally asked for one on Nov. 9. The Board of Registrars met Tuesday morning at City Hall beginning at 7:30 a.m. to re-tally the vote count.

Steiner, a Maynard Public Schools employee, was first elected to City Council in 2017, and was reelected in 2019 with no challenger in District3. Over the past two years, Steiner has served as the vice chairman of the City Council and as the chairman of the Council's Finance Subcommittee.

Feeney's 2021 bid was her second run at an elected position. The former Deval Patrick staffer ran in a field of write-in candidates in 2018 to replace former state representative Chris Walsh. State Rep. Maria Robinson prevailed in that election.

Framingham's last recount happened in 2017 when a group of citizens challenged the results of a ballot measure to transform the town into a city. Feeney was involved in that recount as a member of Framingham First, the group on the opposite side of the recount. Her side prevailed and picked up four votes after the recount.