Virginia: Mark Obenshain lawyer requests poll book access | Richmond Times-Dispatch

The lawyer representing Republican Mark D. Obenshain in the pending statewide recount in the attorney general race on Monday for the first time openly raised the issue of contesting the election in the General Assembly if the tally does not sway the result in the Republican’s favor. During a hearing in Richmond, William H. Hurd, head of Obenshain’s legal team, told the three judges who will oversee the recount that it is “critically important” for his team to get full access to data from electronic poll books because Dec. 23 marks the deadline to challenge the election results. The court previously set Dec. 17-18 for the statewide recount, giving Fairfax County a one-day head start. The three-judge panel will review any challenged ballots on Dec. 19, leaving a candidate only three days to announce a contest – a rarely used provision in state law. Obenshain requested the recount in what is regarded as the closest race in modern Virginia history after his opponent, Democrat Mark R. Herring, maintained a lead of just 165 votes of more than 2.2 million votes cast – that’s a margin of just 0.007 percent.

Virginia: Obenshain asks court to hold off counting some ballots | Daily Press

State Sen. Mark Obenshain, R-Harrisonburg, is asking the special court overseeing the recount of the attorney general’s race to hold off counting a large number of ballots from Fairfax County because measures to keep them secure after the election were not followed. Obenshain is seeking a recount of the election he lost to Democrat Mark Herring by 165 votes out of more than 2.2 million cast. The court did not make a decision on the request but took it under advisement, said William Hurd, Obenshain’s lead lawyer. His request involves part of some 115 boxes of election material out of the 869 now in the custody of the clerk of the Fairfax County Circuit Court. He asked the court to set those ballots aside and not recount them for now until the court decides whether the ballots were secure. “It was a gross violation of security,” Hurd said. “Now we’ve got to figure out what did happen and whether these were the same ballots that were cast on Election Day,” he said. In the motion, Obenshain’s lawyers said that counted and blank ballots “remained unprotected by the legally required security measures for nearly a month after the election.”

Virginia: State prepares for new voter photo ID law | Richmond Times-Dispatch

With implementation of Virginia’s new voter ID law seven months away, state election officials are scrambling to affordably create a photo ID card that will be provided to voters for free. They also are gearing up to educate the public about the law that will take effect July 1. The state is organizing a marketing campaign and vetting vendors charged with the creation of a voter identification card that will meet requirements under the new law, according to a plan and timeline developed by the State Board of Elections. The new ID will be available in July for voters who do not have other acceptable forms of identification. Other acceptable forms of photo ID include a Virginia driver’s license, a U.S. passport or any other photo ID issued by the United States, Virginia or one of its political subdivisions, a student ID issued by any institute of higher learning in Virginia or any employee identification card. Voters who need the new ID card can apply for the card with their local registrars in a process similar to obtaining a driver’s license at the Department of Motor Vehicles.

Virginia: Chesapeake must recount 61,000 ballots by hand | Virginian Pilot

In the upcoming recount of Virginia’s attorney general election results, Chesapeake’s 61,000 paper ballots must be tallied manually, the state Board of Elections has told city officials. The reason, according to Chesapeake General Registar William “Al” Spradlin, is that the city’s optical scanning equipment cannot segregate ballots that were undervoted – didn’t vote in all races – or overvoted – voted for too many candidates. Instructions from a three-judge panel overseeing the recount indicated those ballots must be singled out for examination, Spradlin said. Democrat Mark Herring was certified with a victory of 165 votes out of 2.2 million cast in the Nov. 5 election, close enough for his opponent, Republican Mark Obenshain, to request the recount.

Virginia: Attorney general vote recount, some by hand, to get started Dec. 16 | Washington Times

A recount of the votes in the Virginia attorney general’s race will begin Dec. 16, but a number of jurisdictions, including Alexandria, are facing hand recounts thanks to voting machines considered outdated by the state’s electoral board. Only 165 votes of more than 2.2 million cast separate Democrat Mark R. Herring and Republican Mark D. Obenshain — a 0.007 percent difference that amounts to the closest finish to a race in Virginia history. A three-judge recount court in Richmond on Wednesday announced the process would begin Dec. 17 and 18 for a majority of the state’s voting districts, though Fairfax County, the state’s largest district, was given the go-ahead to begin its recount a day earlier, on Dec. 16. Donald Palmer, secretary of the Virginia State Board of Elections, said officials would prefer the ballots be tabulated by optical scanners. In some cases, though, jurisdictions use machines that can’t isolate just one of the races that appeared on the ballot — in this case, the attorney general’s race.

Virginia: Mark Herring, Mark Obenshain recount to start Dec. 16 | Associated Press

Democrat Mark Herring’s 165-vote win over Republican Mark Obenshain in the close race for attorney general is headed to a recount Dec. 17 and 18, with Fairfax County getting a one-day head start. Richmond Circuit Judge Beverly W. Snukals scheduled the recount at a hearing Wednesday in which attorneys for both candidates debated the ground rules for what is expected to be the state’s most extensive recount ever in the closest statewide race in modern Virginia political history. Snukals also scheduled a tentative Dec. 19 date for a recount court to rule on disputed votes in the recount. Snukals agreed to allow Fairfax County to begin its recount Dec. 16, with the remaining localities joining in the following two days. Fairfax County is the state’s most populous and uses a variety of voting machines that could extend its recount beyond two days. Donald Palmer, secretary of the State Board of Elections, attended the nearly four-hour hearing to assist Snukals and attorneys for Obenshain and Herring navigate election law and various schedules to ensure local elections officials can conduct the recount. Asked outside court whether he was confident in an accurate recount, Palmer said, “Absolutely.”

Virginia: Attorney general recount locks up voting machines | Roanoke Times

Every state voting machine used in the Nov. 5 election is in lockdown mode — including those the Roanoke Voter Registration office would like to use in January’s special election. The Roanoke Voter Registration Office is putting on a special election Jan. 7 but doesn’t have any machines to record the vote — at least at the moment. Thanks to the impending recount in the squeaker of an election for Virginia attorney general, every voting machine in the state used in the Nov. 5 election is in lockdown mode to protect the results. Republican Mark Obenshain requested the recount after the state board of elections certified a 165-vote victory for Democrat Mark Herring.

Virginia: Some voting equipment doesn’t meet requirements | The Washington Post

Virginia elections officials say some voting equipment used in the November election doesn’t meet state requirements. State Board of Elections chairman Charles E. Judd said that there should be uniformity in the election process. “This vast diversity of equipment in the state is problematic,” Judd said. “We should have two kinds of equipment and not 10 or 12 kinds around the state. We should have some uniformity so it applies to the code and it makes it more efficient.” Judd and other board members discussed the issue Monday during a meeting, the Richmond Times-Dispatch reported.

Virginia: 3 judges named for Attorney General recount court | The Washington Post

With a preliminary hearing scheduled for Wednesday, a three-judge panel has been named to oversee the recount for Virginia attorney general. Republican Mark Obenshain is seeking a recount of the Nov. 5 general election in his pitched race with Democrat Mark Herring, who leads him by 165 votes. Obenshain’s office says besides the previously designated Richmond Circuit Judge Beverly W. Snukals, the chief justice of the Supreme Court of Virginia has named two other jurists to the so-called recount court.

Virginia: Elections officials say some voting equipment is outdated | Richmond Times-Dispatch

State elections officials expressed concern Monday that some of the voting equipment used in November balloting is outdated and does not meet requirements under state law. Don Palmer, secretary of the State Board of Elections, said at a board meeting that some of the voting machines are not able to flag overvotes or undervotes, which would allow those ballots to be inspected manually. Republican Mark D. Obenshain hopes that the proper count of such ballots in the upcoming recount will sway the election result of the attorney general’s race, in which Democrat Mark R. Herring was certified the winner by 165 votes. An undervote would be one in which a selection would be made in at least one race, but not others. Overvotes include ballots in which two candidates were originally marked for a race, but one was crossed out. “The code requires in a recount situation that undervotes, overvotes and write-ins be rejected so they can be analyzed personally by the recount teams and observers of each party,” Palmer said. If there is a dispute over a particular ballot — meaning if the voter’s intention isn’t immediately clear — it would go to the recount court in Richmond, a panel of three judges headed by Richmond Circuit Court Judge Beverly W. Snukals.

Virginia: Judge with Obenshain family ties recuses self from recount in attorney general race | The Washington Post

The Richmond judge who would normally preside over the recount in the tight Virginia attorney general race has recused himself, possibly because of his close ties to the family of state Sen. Mark Obenshain. Under Virginia law, the special court that will oversee the recount of the contest between Obenshain (R-Harrisonburg) and state Sen. Mark Herring (D-Loudoun) — which Herring won by 165 votes, according to the results certified by the State Board of Elections — should be led by the chief judge of the Richmond Circuit Court. But Bradley B. Cavedo, holder of that title, recused himself from the recount case last week, according to Ed Jewett, the court’s chief deputy clerk.

Virginia: Timing of special elections key to control of State Senate | Richmond Times-Dispatch

The election of state Sen. Ralph S. Northam, D-Norfolk, as Virginia’s next lieutenant governor gave Democrats reason to cheer by providing what is potentially a critical tie-breaking vote in an evenly divided Virginia Senate. But the apparent election of Sen. Mark Herring, D-Loudoun, as attorney general — and the time involved in a recount challenging his razor-thin victory over Sen. Mark Obenshain, R-Harrisonburg — raises the distinct possibility that winning the statewide offices could put Senate Democrats at a numerical disadvantage when the General Assembly convenes on Jan. 8. Currently the Virginia Senate has 20 Democrats and 20 Republicans. Ties on most issues are broken by the vote of the lieutenant governor, who presides over the chamber. For the past eight years, that has been the prerogative of Lt. Gov. Bill Bolling, a Republican.

Virginia: Republican seeks recount in close Virginia attorney general race | Reuters

Lawyers for the losing Republican candidate in a tight race for Virginia attorney general filed a petition in Richmond Circuit Court on Wednesday for a recount of the votes. In results certified on Monday by the Virginia State Board of Elections, out of 2.2 million votes cast in the November 5 election, only 165 separated Republican Mark Obenshain from Democrat Mark Herring, who has declared victory. Overseeing the recount will be a three-judge panel consisting of the chief judge of the Richmond Circuit Court and two other judges named by the chief judge of the Virginia Supreme Court. … Obenshain’s team seems to be particularly interested in examining what are called “under votes,” in which a person votes for a lesser number of candidates than he is entitled to vote for on the ballot.

Virginia: Alexandria to Hand Count All Paper Ballots in Recount For Attorney General | Connection Newspapers

Alexandria election officials will be going back to the future in the next few weeks, pouring over thousands of paper ballots by hand as part of a recount effort in the hotly contested race for attorney general. Although other jurisdictions with paper ballots will be reprogramming their scanners for the recount, election officials say the Hart InterCivic machines currently in use in Alexandria and Charlottesville have some key limitations that prevent them from being reprogrammed. “It’s not like that would happen in a split second by feeding them through the machine,” said Deputy Registrar Anna Lieder. “So we are prepared to do a hand count if that’s what’s required.” Election officials say the Hart InterCivic machines have two problems that would lead to a hand recount of all paper ballots. One is that the scanners must be able to conduct a recount for the race in question without also doing a recount for all the other races on the ballot, one of the limitations of the brand purchased by city officials. Another problem is that the scanners must be able to separate ballots where the voter has written in a name and under vote ballots, where no vote was registered for the attorney general race. Election officials say the stack of undervote ballots are likely to include a number of ballots where a voter may have written the name of a candidate or marked it in a way that was not picked up by the electronic scanner. “All these scanning devices have benefits and drawbacks,” said Lieder. “These are much more precise and easier to mark in the initial voting process.”

Virginia: Obenshain will seek recount in Attorney General’s race | Richmond Times-Dispatch

Republican state Sen. Mark Obenshain, R-Harrisonburg, will seek a recount of the historically close Virginia attorney general’s race in which Democratic Sen. Mark Herring of Loudoun County was certified the winner by 165 votes out of more than 2.2 million votes cast. The recount request, announced by the Obenshain campaign late Tuesday afternoon, follows Monday’s certification of Herring as the winner by the State Board of Elections. Earlier in the day, Herring announced co-chairs for his inaugural committee. “It is within Senator Obenshain’s right to pursue electoral victory to an ultimate conclusion beyond the original count, canvass and certification,” Herring said in a news release. “His tactics, however, will not impede our efforts to build the finest team to serve all Virginians in the Office of Attorney General or prepare for the 2014 legislative session.”

Virginia: Despite certification of Democrat’s narrow win, recount appears likely in Attorney General race | Associated Press

The State Board of Elections on Monday confirmed Democrat Mark Herring’s victory over Republican Mark Obenshain in a historically close race for attorney general that appears headed to a recount. While the elections board unanimously certified Herring’s 165-vote edge, the board’s Republican chairman did so with reservations because of concerns about what he called inconsistencies by localities tallying the vote, an observation that is likely to add fuel to Obenshain’s expected decision to seek a recount. He has 10 days to do so. As he has done in the past, Herring declared himself Virginia’s next attorney general in the closest statewide race in modern Virginia history. The narrow margin for Herring was unchanged from the canvass done by local elections officials nearly two weeks ago. Provisional ballots and tabulation errors that were corrected in localities including Richmond and Fairfax County added to Herring’s lead after the Nov. 5 election.

Virginia: Election official questions Attorney General tally, Republican has hope in recount | Examiner

A law championed by Democrat Creigh Deeds could give Republican Mark Obenshain the tools to erase Mark Herring’s 165-vote margin in Virgina’s attorney general’s race, Watchdog.org reported. Deeds, who lost the AG contest to Bob McDonnell in 2005 by 360 votes, subsequently authored legislation requiring all optical scan ballots be re-run in the event of a recount, and that ballots containing write-in votes, undervotes or overvotes be hand-counted. In 2005, the ballots were only re-run in precincts that had identified problems. “This is new territory for Virginia and a margin well within the range in which recounts have changed the vote lead,” Obenshain spokesman Paul Logan said.

Virginia: Attorney General certification today; candidates bracing for recount | Richmond Times-Dispatch

The two candidates for attorney general are gearing up for a recount in the closest statewide contest in modern Virginia history, pending today’s meeting in which the State Board of Elections will certify the results. State Sen. Mark R. Herring, the Democratic candidate, maintains a 165-vote lead over his Republican opponent, state Sen. Mark D. Obenshain — that’s about 0.007 percent of more than 2.2 million votes cast statewide — following extensive canvassing in several localities. If a candidate is within one-half of a percentage point, the state will pay for a recount. If the margin is between one-half of a percentage point and 1 percentage point, a candidate can urge a recount at his own expense. Charles E. Judd, chairman of the elections board, expects a recount. “We’re probably looking at the middle of December. It will be a long day for some localities,” Judd said Friday. At 9 a.m. today, the board will review the election results provided by the local electoral boards. “The localities forwarded the data, the local boards went through that in great detail and sent it to us,” Judd said. “Our staff has been checking the data for accuracy and they are currently in the process of preparing the documents that we will review,” he said.

Virginia: Chesterfield County Registrar in Legal Battle After Refusing to Purge Voters | WRIC

Chesterfield County Registrar Larry Haake is in a legal battle after refusing to purge thousands of voter names. Before this year’s election, he and other registrars were told to erase the names of people who weren’t legally allowed to vote in Virginia. The Chesterfield County Registrar refused until after the election, claiming the list was full of errors. Two groups are now threatening legal action, and demanding he clean up the rolls. True the vote is an organization that says its goal is to protect the rights of legitimate voters and when they heard that the Chesterfield County Registrar has not complied with the State Board of Elections by purging thousands of voters from the rolls, they threatened legal action. But the Registrar says he’s the one who is protecting the voters.

Virginia: How the Bush v. Gore Decision Could Factor Into This Close Virginia Race | Mother Jones

All the votes from the November 5 election have been tabulated, and the Virginia attorney general race is as close as they come. Democrat Mark Herring holds a slim 164-vote lead over his Republican opponent, Mark Obenshain. The close count has teed up a likely recount for next month, and the Republican candidate has hinted at an unusual legal strategy: basing a lawsuit on Bush v. Gore, the controversial Supreme Court decision that ended the 2000 presidential election in George W. Bush’s favor. The Supreme Court usually prides itself on respecting the past while keeping an eye toward future legal precedent. But the court trod lightly when it intervened in 2000. The five conservative justices may have handed the election to Bush, but they tried to ensure that their decision would lack wider ramifications. “Our consideration is limited to the present circumstances,” read the majority opinion in Bush v. Gore, “for the problem of equal protection in election processes generally presents many complexities.” The conservative majority wanted to put a stop to the Florida recount, but they hoped their ruling—which extended the 14th Amendment’s equal protection clause to argue that different standards cannot be used to count votes from different counties—wouldn’t set precedent in future cases. For a time the justices got their wish. But the supposed one-time logic of the controversial decision has begun to gain acceptance in the legal community—particularly among campaign lawyers in contentious elections.

Virginia: Herring attorney thinks Democrat will prevail in recount | Waynesboro News Virginian

An attorney for Democrat Mark Herring said Monday he expects Herring to retain his slim lead over Republican Mark Obenshain in the race for Virginia attorney general. “I don’t expect a significant change,” said Washington attorney Marc Elias, a veteran of election recounts, during a teleconference with reporters. “I expect the attorney general-elect (Herring) — whether there is a recount or not — will prevail.” The final certification by the State Board of Elections is set for Monday. As of now, Herring has a 164-vote lead over Obenshain. That lead comes after more than 2.2 million Virginia voters cast their ballots in the attorney general’s race on Nov. 5. Elias said there have been only three recent statewide recounts that have changed the result “against the backdrop of hundreds and hundreds.” The attorney describes the recent canvass of votes in Virginia cities and counties as one that “is painstaking to make sure all votes are counted.”

Virginia: Herring lawyer: recount “extremely unlikely” to give Obenshain win | Daily Press

State Sen. Mark Herring launched something of a pre-emptive strike Monday, ahead of next week’s certification of the election results in the attorney general’s race. The Democrat currently leads by a scant 164 votes over Republican state Sen. Mark Obenshain. In a conference call with reporters, an election lawyer working for Herring said the small margin is deceptive, arguing Virginia’s rules governing recounts make it all but impossible for Obenshain to turn the tide. The lawyer, Marc Elias, said it’s similarly unlikely that the vote total will budge much between now and the Nov. 25 vote certification. Elias, who lives in Northern Virginia and works at a Washington, D.C., firm, represented U.S. Sen. Al Franken of Minnesota in a 2008 recount that changed the outcome of a close election there. Elias said Virginia election law provides less possibility for votes to change in a recount than Minnesota’s law. Specifically, he said results from touchscreen voting machines, which are used in much of the state, typically don’t change during a recount.

Virginia: Democrats To Pick Senate Nominee Saturday | Leesburg Today

With Mark Herring considered Virginia’s attorney general-elect, pending a recount, Democrats in Loudoun and Fairfax counties have announced they will hold a Firehouse Primary Saturday to choose the party’s nominee to fill the 33rd District Senate seat. Two candidates have filed to run for the nomination, Leesburg attorney Jennifer T. Wexton and Herndon Town Councilmember Sheila A. Olem. With all the votes reported from the local registrar’s offices throughout the state, Herring, a Loudoun Democrat, pulled ahead of Republican Mark Obenshain last week in the attorney general’s race by a narrow margin of 164 votes out of the more than 2.2 million cast.

Virginia: Attorney general race thrusts provisional ballot into spotlight | Fredricksburg.com

The minuscule margin of votes between Virginia’s two attorney general candidates has brought renewed attention to a relatively new aspect of voting in Virginia: the provisional ballot. There were about 3,170 provisional votes cast in the attorney general’s race on Election Day, out of 2.2 million total votes. The difference between the two candidates is currently 164 votes. Before 2012, voters that poll workers could not find on poll books could vote if they signed an affidavit that they were who they said they were and were registered to vote. But lawmakers felt that wasn’t secure enough. The provisional ballot, created by state law in 2012, is how people vote if they show up at the polls and have no identification, or if there is some doubt about whether they are registered to vote or registered at the precinct where they have come to vote.

Virginia: The victor in Virginia’s attorney general race stands a chance of losing | MSNBC

Even if Democrat Mark Herring ends up with more votes than his Republican rival Mark Obenshain in the tightly contested Virginia attorney general’s race, he could still lose. Herring is currently ahead of Obenshain by a follicle–the current official count states that Herring has 164 more votes than Obenshain out of more than two million cast. A recount is all but guaranteed and litigation seems likely. But even if after the dust clears Herring remains in the lead, under Virginia law, Obenshain could contest the result in the Republican dominated Virginia legislature, which could declare Obenshain the winner or declare the office vacant and order a new election. “If they can find a hook to demonstrate some sort of irregularity, then there’s nothing to prevent them from saying our guy wins,” says Joshua Douglas, an election law expert and professor at the University of Kentucky College of Law.  “There’s no rules here, besides outside political forces and public scrutiny.” An election contest is a specific post-election procedure for disputing the official outcome of an election. Different states have different rules for election contests–some put them in the hands of the courts, others in the hands of the legislature. Obenshain couldn’t simply contest the election out of the blue. He’d have to argue that some sort of irregularity affected the result. Still, Virginia law is relatively vague in explaining what would justify an election contest, and historical precedent suggests that co-partisans in the legislature are unlikely to reach a decision that hurts their candidate.

Virginia: Attorney General race could end up in General Assembly | Washington Times

A razor-thin margin in the Virginia attorney general’s race could ultimately put the decision about a winner before the General Assembly — but the rarely used strategy of contesting an election comes with its own political consequences, analysts say. With Democrat Mark R. Herring leading Republican Mark D. Obenshain by 0.007 percent of the total statewide votes, whichever candidate is trailing when the state certifies the election results Nov. 25 is all but certain to call for a recount. And depending on the results, the candidates could conceivably contest the election. Virginia law gives the General Assembly wide latitude to act after hearing a candidate’s case. Lawmakers have the authority to reject the appeal, to order a new election or even to declare a winner — whether it is the candidate who held the lead or the candidate who contested the election. But the bar for success is extremely high. The law states that a candidate must detail “objections to the conduct or results of the election accompanied by specific allegations which, if proven true, would have a probable impact on the outcome of the election.”

Virginia: Twitter postings alert Virginia vote-counters to errors in race | Bloomberg

A day after he took to Twitter last week to question the vote-count in the Virginia attorney general race, an email from a top state official popped into David Wasserman’s inbox. Wasserman, a political analyst with encyclopedic knowledge of Virginia’s voting patterns, figured he was in for a tirade. In the aftermath of the Nov. 5 election, he had been combing through the state’s ballot count and posting Twitter messages about problems and discrepancies. “I was expecting them to say, ‘Stop denigrating our electoral process.’ Instead they said, ‘I want to thank you for the public service you’re doing’,” Wasserman, the House Editor at the Washington-based nonpartisan Cook Political Report, said in an interview. Virginia’s cliffhanger of an attorney general’s race is the first in which Twitter, the micro-blogging social media platform, has played a prominent part in the vote certification, and it may offer a model for how close elections play out in the age of social networking.

Virginia: With 164 Vote Attorney General Victory, Virginia Democrats Sweep State | Time

The difference between a vote cast and a vote counted was nowhere clearer than in the Virginia race for attorney general. A week after Election Day, Democrat state Senator Mark Herring proved victorious over Republican state Senator Mark Obenshain by a margin of 164 votes out of over 2.2 million cast, according to the Virginia State Board of Elections unofficial online tally. Localities had until 11:59 p.m. Tuesday to report numbers to the state. … Episodes occurred in Fairfax and Richmond counties, two of the most populous in the state. Among other election observers, Michael McDonald, an Associate Professor of government and politics at George Mason University, found that absentee turnout from Fairfax didn’t match his prediction. While Brian W. Schoeneman, a Republican member of the Fairfax Electoral Board, protested through Twitter that all had been counted, upon further review, state election officials found that a tabulation machine had broken and the votes on a replacement machine weren’t counted. Around 3,000 votes were then reviewed, and a large majority went to Herring, who at that point was losing in the unofficial tally. … In Richmond, state officials failed to enter more than 200 votes, throwing the aforementioned 17-vote lead for Obenshain to the razor-slim 117-vote margin for Herring. In this case, officials realized their mistake well before it hit social media.

Virginia: Arlington bar codes examined for vote problems in Virginia | Washington Times

“That’s what a recount is all about,” Mr. McDonald said. “Make sure all the i’s are dotted, all the t’s are absolutely crossed, and there’s no possibility there’s anything else out there we don’t know about. It’s going to be close from this point right here.” When a recount is called, the State Board of Elections first sets the standards for the handling, security and accuracy of the tally. A three-member “recount court” is formed in Richmond and is headed by the chief judge of the Richmond Circuit Court. Two additional circuit court judges are appointed to the board by the chief justice of the Virginia Supreme Court. The recount court sets the standards for determining the accuracy of the votes and certifies the election results. Its ruling is final and cannot be appealed, according to Virginia law.

Virginia: Herring, Obenshain dig in for a fight in tight attorney general race as the lawyers move in | The Washington Post

A week after Election Day, there may be as many lawyers involved in the race for Virginia attorney general as there are votes separating the two candidates. As of Wednesday, state Sen. Mark R. Herring (D-Loudoun) led state Sen. Mark D. Obenshain (R-Harrisonburg) by 164 votes out of more than 2.2 million cast, according to the State Board of Elections, a margin that would make it the closest statewide contest in modern Virginia history. The two candidates are digging in for a battle, and if the post-hanging-chads era has taught us anything, it’s that a race this tight can’t be over yet. The lawyers will make sure of that. Obenshain’s strategy is to concede nothing. Statewide vote totals won’t be certified until Nov. 25, and then the trailing candidate will probably ask for a recount. So on Wednesday, both Obenshain and Herring announced transition teams, and Obenshain said it was premature to discuss legal action or a recount. “I don’t know who is going to move into the attorney general’s office in January, and despite what Mark Herring says, he doesn’t know either,” Obenshain said at a Richmond news conference. “It is important for us to allow the State Board of Elections and our statutory process to work, to make sure every legitimate vote is fairly counted. And I’m committed to seeing that process through.”