The race in Livingston County's GOP primary is not over yet, but remains tied following another court hearing.
The ballots in Livingston County's GOP primary needed a sheriff's escort.
When a race is this close.
Every vote really does count.
Candidate Steve Sessler brought the tied race back to a Rochester court.
A tally mark was in question.
"It's problematic in any democracy when things are done behind closed doors and people involved in the process are not involved entry," said Steve Sessler, candidate for Livingston County District Attorney.
A questionable ballot sheet showed six tally marks for Eric Schiener but only five votes were originally counted.
The issue was never brought up during a previous court hearing.
Sessler's lawyers accused the Livingston County Board of Elections of holding a secret recount.
Commissioners testified that that didn't happen.
"Using terms like conspiracy and mystery and missing ballots, come on, these people are professionals through and through," said Eric Schiener, candidate for Livingston County District Attorney.
Judge John Ark recounted the questionable votes.
It tied the race again at 1881 to 1881 votes.
"You can't argue with the numbers, the numbers are the numbers," said Schiener.
The winner's fate is back in the hands of the Livingston County Republican Committee.
If Schiener wins, it could split votes because Sessler is the conservative candidate.
"I have made my decision, I am going to run on the conservative line, continue through in November. They [Livingston County Republican Committee] are going to have to decide if they will make this a two party race or a three-party race," said Schiener.
Here's a timetable of what has happened in this race.
September 13: Primary Election is Held in Livingston County, Sessler Leads By 19 votes over Schiener.
September 19: BOE counts absentee and affidavit ballots
Schiener votes : 1879
Sessler votes: 1879
September 26: State Supreme Court Judge John Ark in Monroe County holds hearing, 7 absentee ballots are questioned.
Judge rules that three are valid; two are in favor of Sessler, one remains unopened.
October 1: BOE opens the three absentee ballots.
Sessler gains two votes : 1881
Schiener gains one vote :1881
October 1: Final decision goes to Livingston County Republican Committee. Then Steve Sessler's campaign files a order to show cause and restraining order which prevents vote. Ballots are impounded by the Livingston County Sheriff's Office.
October 3: Hearing in Rochester before State Supreme Court Justice John Ark
Tally marks on a absentee ballot in Avon are questioned.
There are six tally marks, but only 5 votes were counted for Schiener.
Sessler's attorney claims that the BOE touched the ballots when they weren't allowed to.
Judge Ark opens all of the Avon ballots and affirms that there are 6 votes for Schiener and 2 votes for Sessler.
Outcome creates tie at 1881 to 1881.
October 4, 7:30pm: Livingston County Republican Committee expected to decide winner of the GOP primary.