The count had been held up for more than two weeks because of a legal dispute over specially cast "provisional" ballots. A Colorado judge on Wednesday agreed with Democrat Mike Feeley and ordered all qualified provisional votes be counted, narrowing Beauprez' lead from 386 to 122 votes.

According to Colorado law, a recount will be conducted because the margin of victory -- 0.15 percent -- was less than one-half of one percent. "I think it will hold," Beauprez told reporters in teleconference call from Washington.

No matter who wins, control of the House of Representatives will remain with the Republicans.

Feeley did not concede the election, the closest vote for a congressional seat in Colorado history.

"Once the recount is completed and certified, the residents of Colorado's 7th Congressional District will know the identity of their congressman. At that time, and not one moment before, I will know whether to celebrate or concede," Feeley said in a statement after the votes were announced.

The issue focused on "provisional" ballots, ones that voters used on Nov 5 if they had registered to vote but their names had not appeared on the roster. There were about 2,000 provisional votes. Secretary of State Donetta Davidson said there were 88 ballots in dispute and they did not change the outcome of the vote.

A problem arose because ballots in Adams and Arapahoe Counties were in most cases rejected if voters did not check a box explaining why they needed to use a provisional ballot. In Jefferson County there was no check box on why a voter had to use a provisional ballot. Judge William Robbins said the boxes should not control the outcome of the vote.