Livingston County, N.Y. - Its a tie so far in the Republican primary for Livingston County district attorney.
Steve Sessler and Eric Schiener both have 1,879 votes after absentee ballots were counted Wednesday.
A few ballots could still arrive by mail and about a half-dozen counted ballots are "under review" according to sources.
A judge will now review the votes and the matter is likely to be decided in court.
However, a New York State Board of Elections spokesman tells 13WHAM News that should the race remained tied after all legal avenues are explored state law dictates the proper procedure. A tie means there is a "failure to elect" and then a "Vacancy in the Nomination" is declared according to the BOE spokesman.
Following that it will be up to Livingston County's Republican Party Committee to hold an organizational meeting and select a new nominee.
Eric Schiener, the former 1st Assistant D.A. in Livingston County, has stated on the record that if he does not win he will not continue his campaign or efforts to remain on the ballot on a third party line.
Steve Sessler, a former Livonia Town Judge, also has the backing of the Conservative Party and win or lose in the GOP Primary he will remain on the November ballot.
Democrat and Acting D.A. Greg McCaffrey was appointed to the post by Gov. Andrew Cuomo in May. McCaffrey will also appear on the Working Families Party and Independence Party line on the November ballot.
