Updated 12:41 a.m.

David Scholnick, spokesman for Democratic state Rep. Babette Josephs emailed us to say "We have a 233 vote difference with 87.3% reporting. It doesn't look good for us, but we can't concede yet with 8 precincts yet to report. It wouldn't be fair to our supporters who worked so hard to fight off this challenge."

Updated 12:25 a.m.: Not so fast...

Candidate Brian Sims called an early victory yesterday after AP incorrectly reported that 42 of 45 precincts were counted. The issue: there are 63 precincts and only 53 were counted as of late last night in the race for the 182nd District. Why the hold-up? Well, not all of the cartridges were turned in, said Rich Vito, computer operator for the City Commissioners. The count will resume tomorrow and should be complete by tomorrow afternoon.

UPDATED, 11 p.m. with newer results:

Longtime Democratic state Rep. Babette Josephs has been ousted from her seat by attorney Brian Sims, who will be the state's first openly gay state legislator. With 93 percent of precincts reporting Tuesday night, Sims had 52 percent of the vote and Josephs 48 percent, according to the Associated Press.

Sims, 33, was campaign treasurer for Josephs just two years ago. Josephs, 71, has been representing the 182nd District, which covers parts of Center City and South Philly since 1985.

Sims said he was thrilled to be elected the state's first openly gay state legislator.

"I'm very excited for the state. There are 12 million people and approximately a million gay people who have never been represented in the state legislature before," Sims said. "You don't get to make history everyday. It's truly historical."

The Democratic battle for the seat, had grown nasty in recent weeks.

Josephs, noting that Sims says he is willing to work with Republicans in the state General Assembly, sent a mailer suggesting that he would support Gov. Corbett on conservative issues such as mandatory ultrasounds before abortions, photo-ID requirements for voting and "drastic cuts to public education."

Meanwhile, Sims who has outraised Josephs in campaign cash by 3-to-1, responded with a mailer bringing up a vote Josephs cast against the mandatory registering of sex offenders, which she told the Daily News six years ago provides a "false sense of security" for parents. "If Babette won't fight to protect our children, how can we keep voting for her?" the mailer asks.