Framingham Council Orders Special Election In D3 Council Race

FRAMINGHAM, MA — The Framingham City Council narrowly voted to set a special election in December to settle the tied District 3 Council race between incumbent Adam Steiner and challenger Mary Kate Feeney.

The order clashes with Steiner's effort to settle the case in court. On Tuesday, he filed a lawsuit in Middlesex County Superior Court asking a judge to review two ballots that were given to Feeney after a Nov. 16 recount. The lawsuit also asks for an injunction on any special election until a judge reviews the ballots.

Tuesday's special election nearly split the Council passing in a 5 to 4 vote. Steiner did not participate in the meeting, and District 8 Councilor John Stefanini voluntarily left the meeting because he volunteered as an attorney for Feeney's campaign during the recount. District 4 Councilor Michael Cannon volunteered for Feeney during the recount but opted to vote in favor of the special election measure.

The Council's order not only sets a Dec. 28 special election, it also orders City Solicitor Chris Petrini to seek a court order to hold the election. Typically, it takes 64 days to set an election. But city officials want an election before Dec. 31, which is when voting precinct lines change following redistricting. Petrini needs a court order to skirt typical state election rules.

District 9 Councilor Tracey Bryant said Steiner's lawsuit is similar to Feeney's request for a recount and should be allowed to proceed.

"If we allow the recount, which was due process for the challenger, we should also allow Councilor Steiner the same due process, the same measure of his rights under law," Bryant said.

District 5 Councilor Robert Case said Steiner's lawsuit should at least make it before a judge before setting a special election.

"We don't know what the outcome of that case is going to be. You never know what a judge is going to do or say. I think we need to wait on courts," Cases said.

Petrini told the Councilors that the court would likely combine the two cases and make simultaneous rulings.

Council Chair George King Jr. said calling the special election is the fairest option for District 3 residents. He also chided Steiner for asking a court to stop the special election. While the case is in court, Steiner gets to keep his seat as a holdover candidate.

"I don't love seeing elections go to court, but from a candidate's perspective, I certainly understand it," King said. "What I don't like is Councilor Steiner's request for an injunction that is interfering in the local election process."

Feeney trailed Steiner by two votes after the Nov. 2 election. During the recount last Tuesday, volunteer counters flagged two ballots as marked for Feeney. Members of the Framingham Board of Registrars of Voters tied in their decision over the ballots, sending the decision back to the volunteer counters, who gave them to Feeney. Steiner's attorneys argue the two ballots should be counted as blanks.

"Since the [Board of Registrars] was unable to decide the voters’ intent on the Ballots in Question, the votes were recorded consistent with the call made at the counting table," the suit said. "Only as a result of being unable to determine the voters’ intent, Mary Kate Feeney gained two (2) votes."

Steiner's suit had not been giving a court hearing date as of Tuesday, according to Superior Court records. The suit asks for a decision by the court before Jan. 1, however.

More coverage of the District 3 recount:

• Framingham City Attorney: Special Election Could Settle D3 Race
• New Ballots In Framingham D3 Race Had 'Hesitation Marks': Steiner
• 'Failure To Elect' In Framingham: What's Next After Recount Tie?
• Recount Afoot In Framingham City Council Election