Kassner Wins Court Battle

REGIONAL – A Superior Court judge dismissed Republican Rep. Lenny Mirra’s attempt last week to stop his Democratic challenger, Kristin Kassner, from taking the legislative seat that represents southern Essex County.
Essex Superior Court Associate Justice Thomas Dreschler said the court does not have jurisdiction over the election after the Governor’s Council and Gov. Charlie Baker certified Kassner’s one-vote victory.
Kassner won the election Nov. 8 by one vote after a recount awarded her 11 votes more than the initial count.
“The House of Representatives has the final authority to decide a claim to a seat as a representative,” Dreschler said.
“Even if this court were to conclude that it has jurisdiction to hear this dispute, the entry of a preliminary injunction in Mirra’s favor would be futile and a waste of judicial and municipal resources,” Dreschler wrote. “For whatever reason, Mirra waited until just before Christmas to file suit, with the swearing-in set to occur on January 4, 2023. While the court could make a judge available for a trial on the merits on an expedited basis, it would be impossible to complete a trial by January 4, 2023.”
Michael Sullivan, Mirra’s attorney, a former state representative, Plymouth County district attorney and U.S. attorney for Massachusetts, filed an appeal on Friday.
Mirra, who saw his legislative district redrawn after the 2020 census, asked the court to file an expedited review of the election. Predicting the court would find more than enough miscounted ballots to return him to Beacon Hill, Mirra challenged nine votes and asked either to be declared victorious in his North Shore district or have the race called a tie.
The district included Georgetown, Ipswich, Newbury, Rowley, Hamilton and the first precinct of Topsfield.