The court did order, however, that the Chester County Department of Voter Services finish the recount, which starts this morning, by Dec. 26 at 5 p.m.
In their appeal, Democrats said a manual recount would delay the outcome of the race and put the state House of Representatives in limbo, since which party controls the House depends on the final outcome. Democrats also pointed out that if someone cannot be sworn in by Jan. 2, the 156th District will have no representation and will miss the chance to pick a new House speaker and committee people.
In the appeal, Democrats also argued the recount should be done using optical scanning machines that the county used during the primary in May.
"I think the optical scanning machines would have allowed this to be done in one or two days," said Clifford B. Levine, an attorney for the Democratic Party, adding that he was certain the county would have been able to borrow extra machines from the company that makes them, ES&S.
Lawrence J. Tabas, an attorney for the Republican Party, said that because of the appeal, Voter Services employees may have to work over the holidays and on weekends.
"Cliff wanted this. He filed the papers," Tabas said. But he did say he was pleased with the judge's decision.
"We're very happy the judge denied the appeal and denied the stay," he said.
Democrat Barbara McIlvaine Smith currently leads Republican Shannon by 23 votes. Chester County Common Pleas Judge Howard F. Riley ruled last week that the recount should be done by hand, and ballots that either party challenges should be set aside. If any ballots are challenged, the judge will have to make a ruling on them.
To contact staff writer Brian Fanelli, send an e-mail to bfanelli@dailylocal.com.