Judge Asks Framingham To Produce Ballots Before Recount Hearing

FRAMINGHAM, MA — A Middlesex County Superior Court judge on Wednesday made a series of rulings in a court case over the tied Framingham District 3 City Council race.

Judge Christopher Barry-Smith's orders came ahead of a scheduled Thursday hearing over the matter. Incumbent District 3 Councilor Adam Steiner appealed to the court after a Nov. 16 recount gave two ballots to his opponent, Mary Kate Feeney, tying the race 997 to 997.

Barry-Smith's orders consolidated Steiner's lawsuit with a separate case filed by the city of Framingham seeking a special election on Dec. 28 to settle the tie. Another order added Feeney as an interested party in the case.

Barry-Smith also ordered the city to produce the two ballots counted for Feeney during the recount. Steiner's attorneys argue those two new ballots may have been counted in error because they do not show consistent markings, making the voter intent unclear.

"Barring the city's objection, the city should be prepared to deliver the contested ballots to court on Dec. 2, or promptly thereafter as necessary for any evidentiary hearing/trial," Barry-Smith said in a Wednesday order.

The next step in the case — possibly a review of those two ballots — may happen as soon as the week of Dec. 7, Barry-Smith said.

"By way of example only, it would appear that Steiner’s challenge to the recount results should be heard first, because if he is successful then that would render the special election request unnecessary," the judge wrote.

Thursday's hearing is set for 3:45 p.m. at Middlesex County Superior Court in Woburn.