First Court Date Set In Framingham Recount Lawsuit

FRAMINGHAM, MA — The two sides in a lawsuit over a recount in the Framingham District 3 City Council race will meet in court for the first time this week.

A Middlesex County Superior Court judge on Thursday will hear arguments in the case. Incumbent District 3 Councilor Adam Steiner wants a judge to review two ballots counted toward his opponent, Mary Kate Feeney, during a Nov. 16 recount. The two ballots tied the two candidates at 997 votes each.

Steiner has asked a judge to hold off on a special election until the two ballots can be reviewed. Steiner and his attorneys argue the two new ballots may have been counted in error because they do not show consistent markings. Steiner's suit says the voters fully colored in ovals in other races, but only left small marks in District 3 race.

Meanwhile, the City Council on Tuesday voted 5-4 to set a special election between Steiner and Fenney for Dec. 28. City Solicitor Chris Petrini will ask a judge to allow that election to move forward, among other special permissions. The city wants to bar other candidates from entering the race to keep the contest between Steiner and Feeney, and wants to hold the election before a change in voting precinct lines happens on Jan. 1.

The first hearing the case is scheduled for Thursday at 3:45 p.m. in front of Judge Christopher Barry-Smith, according to court records.