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Briefings: Now the Governor’s Council Has a Primary in the 413…

Mass Governor's Council

Western Mass’s Governor’s Council district, the 8th, in gray. (via malegislature.gov)

Western Mass legislators are no longer having all the fun. Tara Jacobs, the Governor’s Councilor whose district encompasses the 413, shall have primary challenge. Her 2022 rival Michael Fenton, a Springfield City Councilor, has pulled papers to run for the seat. Jacobs had edged out Fenton in a four-way primary to succeed departing Councilor Mary Hurley.

The Governor’s Council confirms the governor’s judicial nomination as well as nominees for some administrative agency boards. However, confirming judges is what attracts the most attention given its legal and political impacts. Most judges in Massachusetts serve until they turn 70 and their rulings can have an impact well beyond the litigants. Bay State governors tend to keep appointments professional, but these choices are also a critical source of political power and that may explain this challenge.

Sources have said Fenton had been circulating nomination papers as early as this past weekend. The office of Secretary of the Commonwealth Bill Galvin confirmed he had pulled papers. Fenton himself acknowledged his bid in a text. He declined further comment until he made a formal announcement.

Jacobs had not responded to a request for comment as of posting time.

Tara Jacobs

Now, the incumbent. (via tarajacobs.com)

Galvin’s office said another candidate for the Democratic nomination had pulled papers. However, that person has yet to file with the Office of Campaign & Political Finance, without which they cannot raise or spend money.

The Governor’s Council is an obscure office in a state that still elects clerks of courts. It dates to the Commonwealth’s colonial founding and shared similarities to England’s privy council. Over time, it began to share executive functions with the governor before ceding them over time. Confirmation remains its most visible role, although it plays a procedural role in certifying elections and swearing in the legislature.

Its obscurity had allowed some strange behaviors to fester, which in turn prompted calls for abolition. Nevertheless, in open-office starved Massachusetts, races for it can be intense. Hurley herself prevailed in a snarling primary in 2016. The race to succeed her in 2022 included Jacobs, Fenton, Shawn Allyn and Jeff Morneau. Allyn, Fenton and Morneau are all attorneys.

The district is naturally anchored in Hampden and Hampshire counties given the population distribution. Yet, Jacobs, a North Adams resident, had much of the Berkshires and even Franklin County to herself. The other three hailed from Hampden County and split the vote with Fenton earning the most. He came within three points of Jacobs.

In office Jacobs has plainly behaved as someone who knows the votes are not concentrated in her hometown. She travels for events across the district. She has also used her office to help educate the public. Together, these are likely to serve her well as she seeks reelection.

Michael Fenton

Fenton in 2023. (still via YouTube/Focus Springfield

However, that is not likely what has fueled interest in a challenge to her. Jacobs has opposed or delayed several of Governor Maura Healey’s nominations. Whether that actually caused Healey’s allies to go hunting for a challenger is hard to know. Still, the interest could have as easily emerged from the local legal community. Those delays could also backlog appointments of local interest.

Assuming it is just Fenton running against Jacobs, he would have the advantage of better name recognition where more of the vote is. Having served on the City Council since 2010 and practiced law since 2012, will be familiar to many voters. Fenton will also have no problem fundraising and is just coming off another two years as Council President.

Nevertheless, Jacobs has made inroads in activist circles. Her scrutiny of nominee has fans as much as critics. What may have irked some in the legal profession could easily power her reelection.