New York (CNN) - The special election for an empty Congressional seat in upstate New York has now turned into a dead heat with only a few votes separating the candidates on Tuesday night.
The race to fill the vacant House of Representative seat of democratic Senator Kirsten Gillibrand will be a close call.
When the final numbers were reported from all 610 precincts in the 20th Congressional District in upstate New York, Democrat Scott Murphy led his rival, Assemblyman Jim Tedisco, a Republican, with just 65 votes. In all Murphy had 77,344 votes and Tedisco had 77, 279 votes.
"No one has claimed victory," said John Conklin Director of Information for the New York State Board of Elections. There are still 10,000 absentee ballots to be counted and only 6,000 have been sent back to the board. He explained the local absentee ballots have until April 7th to be sent in and military or overseas ballots have until April 13th to be sent in.
According to Conklin late Tuesday night Republicans filed a lawsuit to have all of the absentee ballots impounded.
It could take up to 2 weeks for a winner to be announced.
Murphy, 39, a millionaire venture capitalist and Missouri Native, has lived in New York for 10 years. His campaign Web site promotes his vast experience of "saving, and creating jobs, growing small business and finding new ways to tackle old problems."
Tedisco, 58, is the GOP Minority Leader in the New York State Assembly.
He was voted into the Assembly 27 years ago and represents Schenectady Saratoga counties.
Gillibrand gave up her House seat the two men are vying for to fill the Senate vacancy created when Hillary Clinton stepped down to serve as secretary of state.