Democrat Herring declares victory in Virginia Attorney General race, recount possible

Mark Herring, the Democratic nominee for attorney general, declared victory late Tuesday night, but Republican Mark Obenshain did not concede and the razor-thin contest could be headed for a recount.

As of 11:30 p.m., the unofficial State Board of Elections tally had Herring up by 106 votes.

Herring released his statement after the tally of provisional votes in Fairfax County added a net gain of 57 votes for the Democrat, which would give him a lead of 163 votes out of 2.2 million cast.

If Herring prevails, come January Democrats will hold all five of Virginia's statewide offices -- two U.S. Senate seats, governor, lieutenant governor and attorney general -- for the first time since 1969.

“Voters in Virginia have spoken, their voices have been heard and I am honored to have won their votes and their trust to become Virginia’s next Attorney General,” said Herring, a state senator from Loudoun.

“Over the course of the past week, a thorough and extensive process has ensured that every vote has been tallied and accounted for. The margin was close, but it is clear that Virginians have chosen me to serve as the next Attorney General.

“Today we begin the process of governing."

Obenshain, a state senator from Harrisonburg, said in a statement that the contest is "the closest statewide election in Virginia history."

He added: "We owe it to the people of Virginia to make sure we get it right, and that every legitimate vote is counted and subject to uniform rules."

With the contest remaining unusually close, a recount is likely once the State Board of Elections certifies statewide results Nov. 25.

A candidate who loses by less than a half of 1 percent can ask for a recount paid by taxpayers. A candidate who loses by between 0.5 percent and 1 percent must pay for a recount.