Herring Wins AG Race; Recount Possible

By: Brendan Ponton Email
By: Brendan Ponton Email

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HARRISONBURG, Va. (WHSV) -- Almost three weeks after voters headed to the polls on election day, votes have finally been made official in the attorney general race.

After more than 2 million votes, Mark Herring beat out Mark Obenshain by a mere 165 votes.

While nothing has officially been announced, a recount is now very likely to occur.

These numbers had shifted back and forth over the last three weeks, but Monday, state election officers said these are the official tallies.

Obenshain has not directly said if he will request a recount, but if he does, we still could be weeks from finding out the actual winner.

After Monday's results are certified, Obenshain has ten days to request a recount, which is a process he said he doesn't take lightly.

This is when it could get tricky. Part of a recount is just making sure the vote count is accurate, but another aspect that could drag on for a while allows the provisional and absentee votes to be challenged in court.

Because this race is so close, each challenge to a ballot could be important.

Obenshain could challenge if a voter had proper identification on election day or went to the right polling place.

Bob Roberts, a local political scientist, said that is what it could come down to if the Obenshain team "goes to war."

Roberts also said the process is a little odd.

"It's kind of strange because if there is an attack against those absentee ballots or provisional ballots, you're attacking, the Republican party will be attacking their own board of elections, which is a bizarre situation," said Roberts.

The board has a Republican majority, interestingly at the certification today, the chairman of the state board of elections, Charlie Judd, said he voted to certify "with question."

He is reportedly calling into question the integrity of election data.

There were some issues in Fairfax County over provisional ballots that could be a target for the Obenshain team during this possible recount process.

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