The race for Texas’s Congressional District 23—an area that stretches from San Antonio to El Paso—remains unsettled, despite incumbent U.S. Representative Will Hurd, R-Helotes having declared victory over Democrat Gina Ortiz Jones in a hard-fought election night battle. The returns kept moving back and forth between Ortiz Jones and Hurd throughout the evening and late at night the Associated Press took the unusual step of calling back a projected Hurd victory when Ortiz Jones pulled ahead.

As of late Wednesday the Secretary of State website had Hurd leading by 689 votes with a reported 100 percent of the precincts tallied—a margin in which Ortiz Jones was unwilling to concede.

“This election is not over—every vote matters and must be counted,” Ortiz Jones’s spokeswoman, Noelle Rosellini, said in a prepared statement. “Gina’s campaign has been powered by grassroots energy from day one, and we won’t stop working until every provisional ballot, absentee ballot, and military or overseas ballot has been counted.”

Ortiz Jones is not yet calling for a recount, which the numbers suggest she is entitled to; state law permits a recount if the difference in votes between the top two finishers is less than 10 percent of the winner’s total votes. Hurd’s tally of 102,903, means Ortiz Jones could ask for a recount if the margin was less than 10,000 votes.

Hurd, however, considers that he has won. “I’m proud to have won another tough reelection in the 23rd Congressional District of Texas,” he said in a statement.