Livingston County Board of Elections Commissioners went over all affidavit and absentee ballots Tuesday morning in an attempt to determine the winner of the primary vote for sheriff.
When the count was complete, Sheriff Investigator Tom Dougherty won the Republican primary by 160 votes over Undersheriff Jim Szczesniak.
The Conservative line, which Szczesniak was leading Dougherty by one vote on primary night, is now tied.
"We got almost 8,000 voters out and I believe the record prior to that was last year's DA's race which was 3,800, so to get almost 8,000 and double what the record was, we did a good job and I tip my hat to Jim, he did a good job getting his people out to vote. It's an outstanding turnout and I think that's the best you can ask for," said Dougherty.
Dougherty says he will sit back and see what happens with the Conservative Party.
Meanwhile, Szczesniak is still holding out hope the two will go head to head again in November.
"Cleary, here in Livingston County, we have a habit of making these votes very close. The results this morning indicate a tie on the Conservative line so there's facts yet to be determined and it's not over. We got to look at the facts and make some decisions as we go forward here," Szczesniak said.
There are still more than 50 votes in question.
It's a similar outcome as the Republican primary for District Attorney last year that resulted in a tie and ended up in court, and that's a concern of Conservative Party chairman Jason McGuire.
"We have a tie and bear in mind there are approximately, can't be guaranteed, but approximately 59 of those ballots were cast by Republican voters, so there's still a question of the integrity of the process we're looking at," McGuire said.
What happens next is up to the Livingston County Conservative Party. One of the options being considered is to hold another primary vote. That vote for Conservative party members only would tentatively take place on Oct. 15. The cost of holding a second primary election is estimated at $30,000.
McGuire says he'll poll members of the committee to get a feel as to what direction they want to take.
"One of two things is going to happen. By Thursday, we're either going to file legal options seeking a second primary or we're going to move towards a committee vote where we'll go ahead and break the tie formed by the vacancy of this race right now," said McGuire.