The polls may be closed and the winner declared, but ousted incumbent Willie Fritz is not stepping down from his post as first selectman just yet.

In a historic election, Fritz tied with Republican challenger Bruce Farmer in a three-way race in which both major-party candidates took exactly 1,632 votes. A third contender, Clinton First party candidate Vin Cimino, claimed 286 votes.

The Election Day tie resulted in an automatic recount on Nov. 7, when election officials fed ballots one at a time into two tabulating machines and hand-counted rejected and absentee ballots. An attorney and two observers for each party were present, monitoring each step in the process.

After more than three hours, the announcement came—around 12:45 p.m.—that Bruce Farmer had won the first selectman’s seat by a single vote.

“That’s the final tally, with everyone watching us,” said election moderator Kathryn Hand.

The problem, said Fritz, is that the recount produced more ballots than the original number on Election Day, giving Fritz one additional vote and Farmer two extra. The additional votes may have been the result of ballots being hand-counted after having been rejected by a tabulating machine; this can happen, Hand explained, when voters mark their choices with X’s or dots rather than filling in the ovals completely, in a way that the tabulators can properly read them. Other irregularities were noted in same-day registrations—including a voter affirmation form that was reportedly filled out, but unsigned.

“We’re not giving up yet,” said Fritz, who contacted the State Democratic Central Committee and is expected to file an appeal with the Middletown Superior Court no later than Friday, Nov. 13.

If an appeal is filed, the court will decide whether a runoff election will take place on Tuesday, Nov. 24 or whether the recount stands.

Bruce Farmer is scheduled to be sworn in on Monday, Nov. 16. According to the town clerk’s office, if the election remains uncontested or the appeal is denied, Farmer will assume office at 12:01 p.m. on Tuesday, Nov. 17.