Jessica M. Karmasek Nov. 12, 2013, 3:30pm

RICHMOND, Va. (Legal Newsline) -- Democrat Mark Herring currently is leading Republican Mark Obenshain in the ongoing race for Virginia attorney general, according to the state Board of Elections.

The board's website showed late Monday that Herring has 1,103,610 votes, or 49.89 percent of the 2,212,255 votes cast.

Obenshain, meanwhile, has 1,103,493 votes, or 49.88 percent.

Obenshain began the day leading his fellow state senator by a mere 17 votes. And on Friday, he lead by more than 1,200 votes.

However, mistakes, both human and machine, shifted the vote count. Also shifting the numbers: unreported provisional ballots in Fairfax County and uncounted ballots in Richmond.

Local jurisdictions have until 6 p.m. Tuesday to certify returns as accurate and submit them to the state. The 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.

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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