HARRISBURG - A candidate in a tight race for Pennsylvania Superior Court says he needs more time to decide whether he'll insist on a recount.

Pittsburgh lawyer Temp Smith was supposed to make up his mind by noon yesterday, but instead he asked the State Department for an extension so he could gather more information about the election returns.

Secretary of State Pedro Cortes, in a letter to Smith, indicated yesterday that Smith has until this afternoon to decide - as required by state law.

Voters on Nov. 3 were to vote for four open seats on Superior Court. A tally released Tuesday night based on unofficial returns from all 67 counties showed Judy Olson, Sallie Mundy, and Paula Ott receiving the three highest vote totals for the appellate court. They will be sworn in.

The race for the fourth seat, however, was close, with Philadelphia Judge Anne Lazarus leading three other candidates, each trailing her by less than half of 1 percentage point. When results are that close, state law provides for automatic recounts, unless those trailing the leader concede.

The two other candidates who trailed Lazarus, Robert Colville and Kevin Francis McCarthy, have submitted letters saying they're willing to waive the statewide recount if the others do.

A total of 6,314,250 votes were cast, with Lazarus receiving 723,954, Colville 721,948, Smith 720,624, and McCarthy 711,240.

A recount could cost taxpayers as much as $1.3 million, state officials said this week.