Framingham City Attorney: Special Election Could Settle D3 Race

Framingham MA

22 November, 2021

8:35 AM

Description

FRAMINGHAM, MA — The Framingham City Council will meet Tuesday to possibly set a special election to decide the tied District 3 Council race — but a new memo from the city solicitor raises new issues that may complicate the unprecedented event further. Candidate Mary Kate Feeney trailed incumbent District 3 Councilor Adam Steiner by two votes following the Nov. 2 election. A recount held on Nov. 16 added two votes to Feeney's tally, although Steiner has questioned the validity of those two ballots. On Thursday, Feeney asked City Council Chair George King to order a special election. King responded by calling a meeting Tuesday to discuss the city's options with guidance from City Solicitor Chris Petrini. In the memo, Petrini says there's no specific process in the City Charter for dealing with a recount tie, which means Framingham will have to follow state law. The memo lays out four possible scenarios for what happens next. Either Feeney or Steiner challenge the recount results in court. Steiner has already begun that process, saying in a Thursday statement that he wants a Superior Court judge to "review the ballots in question and apply their expertise in election law and procedures." While the matter goes through the courts, Steiner would remain as a "holdover" Councilor. But in this case, Petrini, acting on behalf of the city, would file a motion to hold a special election on Jan. 1. Petrini would ask the court to limit the election to just Steiner and Feeney so no one else can run for the seat. Another option would be for the Council to order a special election. In that case, Petrini said, the election would be open to anyone, and take place in about two months. The Council could also call a special election and at the same time order Petrini to seek a court order blocking other candidates from running. Hanging over the whole process is the city's redistricting effort. Following the release of new Census figures in August, Framingham City Clerk Lisa Ferguson redrew precinct lines. Those changes will take effect Jan. 1, meaning District 3 will be different from when the Nov. 2 election occurred, adding new voters and excluding others. "The Council could direct that the Nov. 2 precinct lines apply to the special election even if it occurs in 2022 and risk a court challenge by the voters (or one of the campaigns) that may not materialize," Petrini's memo said. A final option: the City Council could do nothing, effectively allowing Steiner to remain as a "holdover" Councilor until the next election. Petrini said Feeney may be able to challenge such a decision in court. Tuesday's special City Council meeting begins at 7 p.m.