FRAMINGHAM – Yesterday, current Vice Chair of the City Council Steiner filed a lawsuit against the City of Framingham over the official certified election results, in which he tied challenger Feeney in the District 3 City Council race, after a recount.
Last night, the City Council voted 5-4 to set a special election on Tuesday, December 28 to decide who will have the District 3 City Council seat starting January 1.
And today, an injunction hearing was scheduled for December 2 in Woburn.
Steiner’s attorney is seeking the “Court issue a temporary restraining order and/or injunction, ordering that no special election be held until judicial review of the ballots and materials listed.”
UPDATED: The hearing is scheduled for 3:15 p.m. in Middlesex Superior Court with Judge Christopher Barry-Smith. (hearing time changed from 3:45 p.m. to 3:15 p.m.)
Feeney filed for a recount. On Tuesday, November 16 a recount was held and Feeney picked up 2 votes, making it a virtual tie at 997 votes each.
City Clerk Ferguson said the tie meant there was a “failure to elect.” She said that would be the official city election result “until a court decides otherwise.”
Steiner filed a suit Tuesday against the City of Framingham Clerk Lisa Ferguson and the City of Framingham Board of Registrars, appointed by the Mayor.
His attorney is asking for two votes awarded to Feeney during the recount be declared blanks and for a judge to declare Steiner the winner of the election.
Steiner’s attorney is also seeking to stop a special election.