Labor is 35 votes ahead of the Liberal National Party incumbent after a recount in the far north Queensland seat of Herbert, the only seat yet to be finalised from the federal election.

The Australian Electoral Commission finished counting first preferences last night, and would begin distributing preferences, with a final results expected later this week.

Before the July 2 poll, the seat was considered safe, held by LNP member Ewen Jones by a 6.2 per cent margin.

Labor's Cathy O'Toole finished eight votes ahead in the first count after the election, and will be the first female member for Herbert if she wins the contest.

The final result in the recount result is likely to be challenged in the Court of Disputed Returns.

The LNP has been seeking legal advice about its concerns around soldiers on exercise, and hospital patients may have missed out on voting.