(CNN) - New York Sen. Kirsten Gillibrand accused Republicans of stooping to a "new low" Wednesday amid reports GOP lawyers have challenged her ballot in the election to name her successor in the state's 20th congressional district.
"Their latest move to challenge my ballot is part of a much larger attempt to disenfranchise legal Democratic voters and delay Scott Murphy's inevitable victory in the 20th," she said in a op-ed on the Huffington Post.
The Albany Times Union first reported on Tuesday lawyers for Republican Jim Tedisco objected to Gillibrand's absentee ballot because the senator was in the district on Election Day.
Thousands of absentee ballots remain to be counted in the special election called to fill the congressional seat vacated by Gillibrand when she was appointed to the Senate. As of Tuesday, Tedisco trails by just under 50 votes.
A spokeswoman for Gillibrand said the senator requested an absentee ballot because she did not expect to be able to vote at her polling location because Senate votes were scheduled that day.
"The Republican's challenge is frivolous and without merit," said Gillibrand spokeswoman Bethany Lesser in a statement to CNN.
Lesser also noted New York state law allows a voter to request an absentee ballot if he or she has an expectation to be absent on Election Day. State law further says a voter must intend to be outside of their home county on election day, not the congressional district as a whole. Though Gillibrand was in the 20th congressional district on the evening of Election Day, she did not enter her home county, Lesser said.
Lawyers for Tedisco have not returned CNN's request for comment.