The Republican who appeared to have lost a Virginia House of Delegates contest by one vote plans to challenge a single ballot before judges, an aide said.
Control of the state House will likely be determined by the winner of the race between the Republican incumbent David Yancey and Democrat Shelly Simonds.
Gretchen Heal, a legislative aide to Mr Yancey, said his campaign believes one ballot was improperly counted toward his opponent’s total.
Ms Simonds appeared to beat Mr Yancey in the 94th District in Newport News by 11,608 to 11,607 in a recount on Tuesday.
The recounted votes still must be certified by a court on Wednesday.