Incumbent Randy Kuhl, a Republican, has not conceded to challenger Eric Massa. Before a court injunction stopped the counting, Massa was ahead by 4,400 votes.

The campaigns had negotiated the terms of a re-canvass, which began with voting machines earlier this week and was to start with absentee ballots (there are over 10,000 not counted) on Monday.

According to William Pulos, an attorney for the Kuhl campaign, an agreement was reached to let elections officials in Monroe County get a head start because their numbers are higher.

He did not provide updated tallies.