Ten years ago, a narrow race between Democrat Craig Johnson and Republican Jack Martins wasn't decided in the GOP's favor until December. 

In 2014, Democrat Cecilia Tkaczyk narrowly squeaked out a victory over Republican George Amedore in a race that was not decided until well into the legislative session. 

Court ballots over absentee ballots are not unusual in key state Senate races around New York. But now there could be as many as eight races that are still yet to be determined. Democrats have an edge over Republican voters when it comes to who returned a ballot, but that's not totally determinative of how that ballot was cast. 

Progressive activists on Wednesday cheered the flipping of state Senate districts, meanwhile, in upstate cities which had been vacated by outgoing Republicans. 

“Progressives flipped key State Senate seats in Upstate New York. When candidates run on the values that most people believe in–that everyone should be able to live with dignity and in a state where everyone can thrive–we win. Samra Brouk, Jeremy Cooney, and others are growing the ranks of elected leaders in the State Senate who will prioritize the needs of the many, not the few," said Stanley Fritz, the political director at Citizen Action. 

Progressives have a lot riding on the outcome of the state Senate as a supermajority had been within reach, but remains in doubt after Tuesday's results. 

"As we wait for votes to be counted in other races, we're looking forward to a New York State legislature that will be a bolder and stronger ally on taxing the super-rich, guaranteeing housing as a human right, fully funding public schools, and transforming the justice system,” he said.