The neck-and-neck Senate race in the 46th District, which includes Montgomery County, will go to court.
A judge will rule on the validity of about 1,000 absentee ballots that have been challenged in the race between Republican George Amedore and Democrat Cecilia Tkaczyk.
Amedore leads by 111 votes, according to a spokesman for Amedore, but the ruling on the challenged absentee votes will lead to the outcome of the voting.
Election commissioners and attorneys for Tkaczyk and Amedore will appear Thursday before Acting State Supreme Court Justice Guy Tomlinson.
On election night, Tkaczyk had 50.1 percent of the vote, leading Amedore by 139 votes, but more than 9,000 absentee ballots had yet to be counted.
A campaign spokesman for Tkaczyk said he's confident she will win the race after the final count in court.
"It is increasingly clear that Cecilia Tkaczyk will be the next state senator for the 46th Senate District. Despite more than 660 mostly frivolous ballot objections by Senate Republicans - over 450 more than Democratic objections - the margin currently stands at 110 votes. When those hundreds of legitimate votes are counted, the will of the voters to elect Cecilia will be evident," Tkaczyk spokesman Gary Ginsburg said.
The newly formed 46th Senate District includes all of Montgomery and Greene counties and parts of Schenectady, Albany and Ulster counties. The new district takes effect Jan. 1.
Tkaczyk, who lives in Duanesburg and also is running under the Working Families party line, is vice president of the Duanesburg Central School District Board of Education.
Amedore of Rotterdam currently is a state assemblyman representing the 105th District, which includes Montgomery County.