Jessica M. Karmasek Nov. 25, 2013, 7:35pm

RICHMOND, Va. (Legal Newsline) -- Democrat Mark Herring has been certified by Virginia Board of Elections as the state's next attorney general.

According to the board, of the 2.2 million votes cast in the Nov. 5 election, Herring received 1,103,777 votes. His opponent, Republican Mark Obenshain, received 1,103,612 votes.

The board certified all returns Monday.

Obenshain's campaign told The Huffington Post that it hasn't yet decided whether to request a recount.

The trailing candidate has 10 days to request a recount. That means it may be until next month 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.

"Over the next few days, we will continue to review these results," Obenshain's campaign manager, Chris Leavitt, told the Post.

"Margins this small are why Virginia law provides a process for a recount. However, a decision to request a recount, even in this historically close election, is not one to be made lightly."

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

If Herring prevails, the top-three statewide offices would be controlled by Democrats.

From Legal Newsline: Reach Jessica Karmasek by email at

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