One candidate for the final seat on the Pennsylvania Superior Court could be the sticking point as to whether there is a statewide recount.

Three of four candidates who remain in contention for the position have said that they would waive the state-mandated recount -- and forgo the potential $1.3 million cost to taxpayers -- if everyone agrees.

But Mt. Lebanon lawyer Temp Smith, who ran on the Republican ticket, said yesterday he'd not given any thought to opting out of the recount.

Mr. Smith was in third place among the four remaining candidates. He trailed the leader, Judge Anne E. Lazarus, a Democrat from Philadelphia, by 3,330 votes.

Allegheny County Judge Robert J. Colville, was in second behind Judge Lazarus, down 2,006 votes. Allegheny County Assistant District Attorney Kevin F. McCarthy was in fourth place, 12,714 votes behind Judge Lazarus.

Under Pennsylvania law, if any candidate trails the winner by less than one-half of 1 percent, a statewide recount is mandated.

In this case, the separation between Judge Lazarus and the other candidates is just .2 percent.

The only way to halt the recount is if each candidate submits a letter by noon on tomorrow, said Charlie Young, a spokesman for the Department of State.

"They have to do this in writing," he said. "That's as specific as the law is."

An announcement as to whether there will be a recount is expected on Friday.

The issue of bowing out of the recount came after Judge Colville on Monday sent a letter to Pennsylvania Secretary of the Commonwealth Pedro Cortes saying that he is willing to opt out.

In his letter, Judge Colville said that he does not believe that the election was subject to fraud or any material error, and that it is unlikely the ultimate results would change.

"More importantly, I am advised that the cost of the recount is estimated at approximately $1.3 million, which cost would be borne by Pennsylvania taxpayers," he wrote. "In these troubled economic times, it would be unacceptable for me to elevate my personal professional aspirations above legitimate considerations of prudent government fiscal management."

Mr. McCarthy agreed with Judge Colville's sentiments.

"I'm 12,000 votes behind. It's unlikely it would affect me," he said. "[Judge Colville] is the one with the most to gain. This would be a useless act, and a great cost to the taxpayers."

Mr. McCarthy understands the trigger designed to call for a recount, but he believes it's not a question of integrity in the system in this case.

"We're talking about such a huge number of votes," he said.

Judge Lazarus was awaiting the final numbers to be submitted to the state yesterday but agreed it was likely that she, too, would not want a recount.

"Frankly, it's going to cost $1.3 million," she said. "I'm not going to do it. It's a huge amount of money."

Three Republicans already are assured of winning seats on Superior Court: Judy Olson of Allegheny County, Paula Ott of Chester County and Sallie Mundy of Tioga County.

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