Jessica M. Karmasek Nov. 7, 2013, 4:45pm

RICHMOND, Va. (Legal Newsline) -- With just 681 votes dividing Republican Mark Obenshain and Democrat Mark Herring, the Virginia attorney general's race is even more likely headed for a recount.

With all of the state's 2,558 precincts reporting, Obenshain, a state senator, is leading with 1,100,800 votes. According to the Virginia Board of Elections' website, Herring, also a state senator, has 1,100,119 votes.

A total of 2,205,892 votes were placed in Tuesday's election; 4,973 were write-ins.

According to The Washington Post, next Tuesday is the deadline to certify returns as accurate and submit them to the state.

The state Board of Elections is set to certify all returns Nov. 25.

After that, the trailing candidate can request a recount. If the margin is less than 1 percent of the total vote, the state will pay. If it is more, the candidate must pay.

So, it may be until December before a winner -- who will take over for Republican Attorney General Ken Cuccinelli, who lost to Democrat Terry McAuliffe in the race for governor -- is declared.

Republicans have won the previous five elections for Virginia attorney general.

From Legal Newsline: Reach Jessica Karmasek by email at

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