ST. PAUL, Minn. (AP) — Minnesota’s closest legislative race is headed for court before it reaches a probable recount.

First-term Republican Rep. Mary Franson currently leads Democratic challenger Bob Cunniff by a single vote. But there was a counting error that could alter the margin. Douglas County auditor treasurer Charlene Rosenow says some voters received the wrong ballots on Election Day so 35 ballots are likely to be pulled at random before a pre-recount tally is certified.

Franson has asked a judge to get involved. A hearing on the lawmaker’s request was set for Monday afternoon.

Recounts are automatic when the difference between candidates is less than one-half of one percentage point. The manual recount is slated to start on Nov. 28.

Democrats have a 73-61 majority pending a reversal in the Franson-Cunniff race.

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