Recount in tight judicial race to cost PA $1.3 Million

They say every vote counts.

Secretary of the Commonwealth Pedro A. Cortes announced Tuesday that final unofficial returns from Pennsylvania's 67 counties show the race for a fourth Superior Court seat is so close that it will trigger an automatic recount.

The recount will cost taxpayers at least $1.3 million. Now, aren't you sorry you didn't bother to vote on Nov. 3? You know who you are.

Act 97 of 2004 provides that any statewide race or ballot question where the margin of victory was less than one half of one percent of the total number of votes cast for that office or ballot question would automatically trigger a recount in all 67 counties, according to Cortes.

If a Superior Court recount is required, it would be the first one in the act's brief history, Cortes said.

Four seats on the Superior Court were open this year. Judy Olson, Sallie Mundy, Paula Ott and Anne E. Lazarus received the four highest vote totals on Election Day.

The unofficial returns provided by the counties show three candidates are within the one-half of one percent margin for that fourth seat:

• Anne E. Lazarus - 723,954 (11.465%)
• Robert J. Colville - 721,948 (11.434%, trails Lazarus by 0.032%)
• Temp Smith - 720,624 (11.413%, trails Lazarus by 0.053%)
• Kevin Francis McCarthy - 711,240 (11.264%, trails Lazarus by 0.201%)

• Sum of all votes - 6,314,250
• One-half of 1 percent - 31,571

Cortes indicated the recount may begin as soon as Nov. 16, unless all the defeated candidates request in writing that a recount not be made.

Robert J. Colville and Kevin Francis McCarthy submitted to the Secretary such a letter Nov. 9 and Nov. 10 respectively. Both Colville and McCarthy stated they would opt out only if the other trailing candidates decided not to pursue a recount as well. So it's all up to Temp Smith (if that is his real name).

If a recount is necessary, state law requires the counties to complete the recount by Nov. 25 and to report the results to the Department of State by noon, Nov. 30.

Unofficial Returns Received from Pennsylvania Counties in Close Superior