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HARRISBURG, Pa., Nov. 10 /PRNewswire-USNewswire/ -- Secretary of the
Commonwealth Pedro A. Cortes today said the state has received the
unofficial returns from all 67 counties in the Nov. 3 statewide race for
Judge of the Superior Court. Secretary Cortes will use the unofficial
returns to determine whether an automatic recount will be required under
state law.
"I thank the counties for working to provide the unofficial returns to
us in a timely manner," Cortes said. "This important election has generated
substantial interest across the state, and we are working to achieve a
final result as quickly as possible."
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. If a Superior Court
recount is required, it would be the first one in the act's brief history.
Four seats on the Superior Court were open in last week's election. On
Election Night, Judy Olson, Sallie Mundy, Paula Ott and Anne E. Lazarus
received the four highest vote totals.
The unofficial returns provided by the counties today show three
candidates that are within the one-half of one percent margin:
-- 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
Secretary 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.
The Department of State estimated the recount could cost as much as
$1.3 million.
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. A comprehensive calendar of relevant dates is attached
below.
Unofficial elections returns are available through http://www.dos.state.pa.us
by clicking on the elections returns graphic on the right-hand side of the
homepage.
For more information on elections and voter registration, call the
Department of State's toll-free hotline at 1-877-VOTESPA (1-877-868-3772)
or visit http://www.VOTESPA.com.
Media contact: Leslie Amoros, 717-576-4520 or Charlie Young,
717-649-7617.
Editor's Note: A calendar of dates relevant to the election and
potential recount is attached.
CALENDAR FOR THE TRANSMITTAL OF ELECTION NIGHT RETURNS / RECOUNT OR
RECANVASS ORDERED BY THE SECRETARY OF THE COMMONWEALTH
NOVEMBER 3, 2009 MUNICIPAL ELECTION
1. By 2:00 AM on this date, each judge of election must return to the
county boards of elections the following materials: envelopes; supplies,
including all uncast provisional ballots; and returns, including all
provisional ballots and absentee ballots cast in the election district:
Wed., Nov. 4, 2009
2. By 3:00 AM on this date, the county boards of elections must submit
to the Department of State returns received from the election districts for
each office for which a candidate must file a nomination petition with the
Secretary: Wed., Nov. 4, 2009
3. At 9:00 AM on this date, the county boards of elections must
publicly commence the computation and canvassing of returns: Fri., Nov. 6,
2009
4. No later than 5:00 PM on this date, the county boards of elections
must submit to the Secretary of the Commonwealth unofficial returns for all
statewide offices and ballot questions: Tues., Nov. 10, 2009
5. No later than 12:00 Noon on this date, the defeated candidates must
request in writing that a recount and recanvass not be made to avoid a
statewide recount and recanvass: Thur., Nov. 12, 2009*
*( Because November 11 - a date on which one of the statutory deadlines
for the mandatory recount process will occur - falls on the State holiday
of Veterans' Day, that deadline and each of the subsequent deadlines
prescribed by section 1404(g) of the Election Code will be deemed to be
moved to the next business day. See 25 P.S. Section 2603(e)).
6. By 5:00 PM on this date, the Secretary of the Commonwealth must
issue, if required, an order for a recount or recanvass: Fri., Nov. 13,
2009
7. Last day on which a recount or recanvass ordered by the Secretary of
the Commonwealth can be scheduled to begin: Thur., Nov. 19, 2009
8. By 12:00 Noon on this date, the recount or recanvass must be
completed: Wed., Nov. 25, 2009
9. No later than 12:00 Noon on this date, the county boards of
elections must submit the results of the recount or recanvass: Mon., Nov.
30, 2009*
*(Because November 26 and 27 are state holidays and November 28 and 29
fall over a weekend, the date moves to November 30).