Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: THURSDAY, November 17, 1994                   TAG: 9411170119
SECTION: VIRGINIA                    PAGE: C1   EDITION: METRO 
SOURCE: JOEL TURNER STAFF WRITER
DATELINE:                                 LENGTH: Medium

BACKERS PUSHING RECOUNT

Why?

Because dozens of her supporters have urged her to.

"I really don't expect it to change, but I owe it to my supporters who want me to seek a recount," Merrill said Wednesday at a news conference.

"I'm operating on the presumption that [Tom Leggette] won, but I want my supporters to be sure of the outcome," she said.

In the four-way contest in the Windsor Hills District, Leggette got 2,994 votes, Merrill got 2,976, Wayne Newman got 805, and Richard Cullinan got 572.

Under state law, Merrill can request a recount because the difference between her total and Leggette's was less than one-quarter of 1percent.

State law provides that votes can be recounted at state expense in any election if there is a difference of one-half of 1percent or less in the outcome.

Under the prescribed procedure, the Virginia Supreme Court will appoint a three-judge panel to oversee the recount.

State election officials have estimated that a recount can be completed within a day and will cost about $300. Merrill said the money won't be taken from the school budget as some Leggette supporters have charged, but will come from election budgets, she said.

Merrill said the votes are expected to be recounted within the next two weeks.

Public funds will pay for the recount, but Merrill had to pay $80 for filing the petition with Roanoke County Circuit Court and having the papers served on Leggette and election officials.

Leggette said he had not seen Merrill's petition and had no comment on it.

Meanwhile, Newman has filed a complaint with the state Board of Elections accusing Leggette of misleading voters to believe that he had the support of both the Democratic and Republican parties.

Newman said Leggette had the endorsement of the chairmen of both parties but not the parties themselves.

At the polls on Election Day, Leggette had posters showing in bold type the names of the Republican and Democratic parties and in small print the word "leaders." Newman said Leggette's poll workers told voters that Leggette was supported by the Democrats and Republicans. Newman said he and his campaign workers constantly had to correct Leggette's workers and tell voters that all candidates were running as independents.

"I feel the deceptive campaign materials and the misleading statements by [Leggette] poll workers affected the outcome of this election," Newman said.

Leggette said he had not seen Newman's complaint, but he didn't see anything unusual about his posters or the conduct of his poll workers. State election officials were not available to comment on Newman's complaint.

Newman said he believes partisan politics should be kept out of school board elections, and political party leaders should be barred from endorsing school board candidates.

He said stronger rules should be applied concerning the endorsement of candidates by political parties, political action committees and teacher organizations.