Judge OKs Ballot Counting In Ultra-Close 4th District Primary

NEWTON, MA — A Suffolk Superior Court judge on Wednesday ruled that ballot counting can resume in the very close Democratic 4th Congressional District primary race, where former Newton City Councilor Jake Auchincloss held a slim lead over former Brookline Select Board member Jesse Mermell.

Secretary of the Commonwealth William Galvin sought the judge's order on Wednesday because towns in the 4th District were still wading through ballots in what has become a record-setting election. About 1.5 million people voted in the Sept. 1 primary, and about two-thirds voted absentee by mail, Galvin said Wednesday.

"On Election Day, there are strict procedures in place to make sure that ballots are counted in public view, where anyone may observe the process," Galvin said Wednesday before asking for the courts to intervene in the race. "It is important that we preserve that same level of transparency for ballots counted after Election Day."

Ballot counting in the 4th District race will resume on Thursday, further delaying a contest to replace outgoing U.S. Rep. Joe Kennedy that has already had several twists. It was also the only election of the Sept. 1 primary to have problems connected to the higher rate of mail-in ballots.

Just before 6 p.m. Wednesday, a ballot drop put Auchincloss ahead of Mermell by 1,430 votes. But the day began at 1:30 a.m. with Mermell ahead by a razor-thin 105 votes. After sunrise, Auchincloss took the lead, staying more than 900 votes ahead of Mermell until a 1:15 p.m. ballot drop put him ahead by 1,500.

The 4th District race was the only one not called on Tuesday night. On Wednesday morning, a handful of towns still had not reported results: NBC 10 reported that Bellingham had to mount a hand count late Tuesday night due to worker error; and Franklin still had not reported any results as of Wednesday night, according to the Associated Press.

READ: MA Mail-In Voting Increases Turnout Across Several Communities

Mermell campaign manager Katie Prisco-Buxbaum sent a letter to 4th District clerks on Wednesday morning asking them to publicize data on uncounted and late ballots. She later praised Galvin's bid to have the courts oversee the vote count.

"This is exactly in line with the concerns our campaign raised earlier today," Prisco-Buxbaum said. "Given the unprecedented nature of this election process, we believe it is incumbent on all communities to be clear about how many ballots are outstanding, including ballots that arrived as polls closed, so that we can have the utmost confidence in the end result."

The Auchincloss campaign issued a statement early Wednesday morning predicting a possible win, but without outright declaring victory.

"While the results of our primary are being calculated, I encourage all voters and candidates to allow the process to comprehensively and lawfully unfold," Auchincloss said. "While we always expected a competitive race, we are confident that our full-district campaign will be victorious when the results are announced."

Mermell took the lead Tuesday after cities at the north end of the 4th District like Newton, Brookline and Needham posted vote tallies. But the vote flipped Wednesday after 100 percent of Fall River's precincts reported results. Auchincloss won the city with 1,041 votes and Mermell came in third place there with 642. The more conservative Auchincloss was winning in towns in the southern end of the district.

If the 4th District results remain close, it's possible for a campaign to request a recount. Under state law, a recount can only happen if the margin is less than half a percentage point. A petition for a recount would have to be submitted no later than 5 p.m. on the third day after the primary.

As of 8 p.m., Auchincloss was above the threshold needed to call for a recount, with about 22.37 percent of the vote compared to Mermell's 21.41 percent.