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Recount likely in court race

Photo finish in state contest

HARRISBURG — A photo finish among four candidates is likely to trigger an automatic ballot recount of all 6 million-plus votes cast statewide for Pennsylvania Superior Court, state officials said Wednesday.

The expected recount in all 67 counties will cost taxpayers an estimated $1.3 million and could disrupt other election-related activities, causing headaches for county officials, said a spokesman for the agency that oversees elections in Pennsylvania.

It would be the first time the automatic recount provision has been activated since the law took effect in 2004, said State Department spokesman Charlie Young.

In Tuesday's election, voters were allowed to cast four votes for Superior Court — one for each open seat. The nine candidates competed for the most votes, not for specific seats.

Returns from 99 percent of the state's 9,310 precincts showed two clear winners — Republicans Judy Olson, an Allegheny County judge who won 15 percent of the vote, and Tioga County lawyer Sallie Mundy, with 14 percent.

A third Republican — Chester County Judge Paula Ott — claimed 13 percent of the vote and appeared likely to win a third seat once the remaining votes are tallied.

Competition for the fourth seat made the automatic recount seemingly unavoidable.

The law says the recount is triggered whenever the victory margin is less than 0.5 percent of the votes casts. The differences in vote totals fall within that bracket for at least four candidates — Philadelphia County Judge Anne Lazarus, a Democrat; Allegheny County Judge Robert Colville, a Democrat; Pittsburgh lawyer Temp Smith, a Republican; and Allegheny County prosecutor Kevin McCarthy, a Democrat.

State Department officials who studied the law Wednesday concluded that the recount cannot be limited to only some candidates, but must be extended to all of the votes cast for Superior Court.

Individual candidates may opt out of the recount if they make a written request, Young said.

Secretary of State Pedro Cortes is expected to announce next week, after counties report their unofficial vote totals, whether the automatic recount has been triggered.

Colville, who trailed Lazarus by barely 2,000 votes, said he had called Lazarus to congratulate her "on her success."

"I don't expect those numbers to change materially," he said.

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