2013 Virginia Attorney General election
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Nominee Mark Herring Mark Obenshain
Party Democratic Republican
Popular vote 1,105,045 1,104,138
Percentage 49.91% 49.87%
Herring:      50–60%      60–70%      70–80%      80–90%      >90%
Obenshain:      50–60%      60–70%      70–80%      80–90%      >90%
Tie:      50%
Attorney General before election

Ken Cuccinelli
Republican

Elected Attorney General

Mark Herring
Democratic

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The 2013 Virginia Attorney General election took place on November 5, 2013, to elect the Attorney General of Virginia. The incumbent Attorney General, Republican Ken Cuccinelli, did not run for re-election. He was instead his party's nominee in the 2013 gubernatorial election.

On May 18, 2013, a Republican state convention in Richmond nominated State Senator Mark Obenshain over State Delegate Rob Bell.[1] The Democratic primary on June 11, 2013, was won by State Senator Mark Herring, who defeated former Assistant United States Attorney Justin Fairfax.[2]

While the statewide elections for governor and lieutenant governor garnered more national attention, the race for attorney general was the most competitive.[3] Obenshain had an election night lead of 1,200 votes. In the following days, as provisional ballots were counted, Herring narrowed the lead and ultimately overtook him.[4] On November 25, the Virginia State Board of Elections certified the results and Herring was declared the winner by 1,103,777 votes to 1,103,612 – a difference of 165 votes out of more than 2.2 million cast, or 0.007%.[5][6][7]

After the certification, Obenshain requested a recount,[8] which began on December 16.[9] Obenshain conceded the election on December 18, and later that day, the recount ended with Herring winning by 907 votes, or 0.04%.[10] Democrats held the Attorney General's office for the first time since 1994, and with Herring's victory, Democrats held all five statewide offices – including both U.S. Senate seats – for the first time since 1970.

Republican nomination

Main article: 2013 Republican Party of Virginia convention

Candidates

Nominated at convention

Defeated at convention

Withdrew

Democratic primary

Candidates

Declared

Withdrew

Declined

Polling

Poll source Date(s)
administered 		Sample
size 		Margin of
error 		Justin
Fairfax 		Mark
Herring 		Other Undecided
Public Policy Polling May 24–26, 2013 322 ± 5.5% 19% 22% — 59%

Results

Results by county:
Herring
  •   Herring—80–90%
  •   Herring—70–80%
  •   Herring—60–70%
  •   Herring—50–60%
Tie
  •   Tie
Fairfax
  •   Fairfax—50–60%
  •   Fairfax—60–70%
  •   Fairfax—70–80%
  •   Fairfax—80–90%
Virginia Attorney General Democratic primary, 2013[17]
Party Candidate Votes % ±%
Democratic Mark Herring 72,861 51.66%
Democratic Justin Fairfax 68,177 48.34%
Majority 4,684 3.32%
Turnout 141,038

General election

Endorsements

Mark Herring (D)
Current and former statewide politicians
Newspapers
Organizations
  • Virginia Police Benevolent Association[20]
Mark Obenshain (R)
Elected Officials
Others
  • John Brownlee, former United States Attorney for the Western District of Virginia and 2009 candidate for the Republican nomination for Attorney General[23]
Newspapers
Organizations

Predictions

Source Ranking As of
Sabato's Crystal Ball[27] Lean D (flip) October 24, 2013

Polling

Poll source Date(s)
administered 		Sample
size 		Margin of
error 		Mark
Obenshain (R) 		Mark
Herring (D) 		Other Undecided
Public Policy Polling November 2–3, 2013 870 ± 3.3% 45% 47% — 8%
Christopher Newport University October 25–30, 2013 1,038 ± 3% 45% 43% — 12%
Public Policy Polling October 26–27, 2013 709 EV ± 3.6% 42% 54% — 3%
Hampton University October 24, 26–27, 2013 800 ± 2.9% 45% 39% — 16%
Washington Post/Abt SRBI October 24–27, 2013 762 ± 4.5% 46% 49% — 4%
Roanoke College October 21–27, 2013 838 ± 3.4% 35% 46% — 20%
Christopher Newport University October 8–13, 2013 753 ± 3.6% 46% 45% — 9%
Watson Center October 1–6, 2013 886 ± 3.1% 42% 45% — 14%
Roanoke College September 30–October 5, 2013 1,046 ± 3% 38% 35% — 26%
Hampton University September 25–29, 2013 800 ± 2.9% 41% 37% — 23%
University of Mary Washington September 25–29, 2013 559 ± 4.7% 42% 36% 6% 16%
Washington Post/Abt SRBI September 19–22, 2013 562 ± 5% 42% 45% — 14%
Conquest Communications September 19, 2013 400 ±5% 35.8% 24.5% — 39.8%
NBC/Marist September 17–19, 2013 546 ± 3% 34% 39% — 26%
Roanoke College September 9–15, 2013 874 ± 3.3% 31% 33% — 34%
Public Policy Polling July 11–14, 2013 601 ± 4% 36% 38% — 25%
Roanoke College July 8–14, 2013 525 ± 4.3% 33% 29% — 38%
Public Policy Polling May 24–26, 2013 672 ± 3.8% 32% 33% — 34%
Hypothetical polling
Poll source Date(s)
administered 		Sample
size 		Margin of
error 		Mark
Obenshain (R) 		Justin
Fairfax (D) 		Other Undecided
Public Policy Polling May 24–26, 2013 672 ± 3.8% 32% 30% — 38%

Initial results

Virginia Attorney General election, 2013[5]
Party Candidate Votes % ±%
Democratic Mark Herring 1,103,777 49.89% +7.60%
Republican Mark Obenshain 1,103,612 49.88% -7.63%
Write-in 4,892 0.22% +0.13%
Majority 165 0.01%
Turnout 2,212,281
Democratic gain from Republican Swing

Recount

It was widely reported that a recount was expected after the results were certified on November 25, 2013. According to the Virginia Board of Elections rules, as updated for the November 2013 election: "there are no automatic recounts. Only an apparent losing candidate can ask for a recount, and only if the difference between the apparent winning candidate and that apparent losing candidates is not more than one percent (1%) of the total votes cast for those two candidates."[28] This race is the second of the past three Virginia attorney general elections to go to a recount. In the 2005 race, Bob McDonnell won by 360 votes, with the result certified in December.[29]

Results

Virginia Attorney General election, 2013[5][10]
Party Candidate Votes % ±%
Democratic Mark Herring 1,105,045 49.91% +7.62%
Republican Mark Obenshain 1,104,138 49.87% -7.64%
Write-in 4,892 0.22% +0.13%
Majority 907 0.04%
Turnout 2,214,075
Democratic gain from Republican Swing

See also

References

  1. ^ Schmidt, Markus; Nolan, Jim (May 18, 2013). "Virginia GOP convention: Obenshain nominee for AG". Richmond Times-Dispatch. Retrieved May 18, 2013.
  2. ^ a b Schmidt, Markus (June 12, 2013). "Northam, Herring complete Democratic ticket". Richmond Times-Dispatch. Retrieved June 12, 2013.
  3. ^ "Virginia Attorney General race: Candidates appoint transition teams in too close to call election". wjla.com. November 14, 2013. Retrieved November 14, 2013.
  4. ^ Brett logiurato (November 13, 2013). "The Most Exciting Election In America Is Coming Down To The Wire". Business Insider. Retrieved November 13, 2013.
  5. ^ a b c "Virginia Board of Elections - Election Night Results". November 7, 2013. Archived from the original on November 9, 2013. Retrieved November 7, 2013.
  6. ^ Vozzella, Laura (November 25, 2013). "Herring wins Virginia attorney general race, elections board announces". The Washington Post. Retrieved November 25, 2013.
  7. ^ Rogers, Alex (November 13, 2013). "With 164 Vote Attorney General Victory, Virginia Democrats Sweep State". Time Magazine. Swampland. Retrieved November 12, 2013.
  8. ^ "Obenshain to request recount in attorney general race". Richmond Times-Dispatch. November 26, 2013. Retrieved November 27, 2013.
  9. ^ "Virginia AG race recount slated for week of Dec. 16 as campaigns spar in court over rules". The Washington Post. December 4, 2013. Retrieved December 5, 2013.
  10. ^ a b Ress, Dave (December 19, 2013). "It's official: Recount results show 907 vote margin for Herring". Daily Press. Archived from the original on January 3, 2014. Retrieved January 2, 2014.
  11. ^ Nolan, Jim (December 3, 2011). "Obenshain announces interest in attorney general seat". Richmond Times-Dispatch. Retrieved October 21, 2012.
  12. ^ a b Kumar, Anita (July 24, 2012). "Sen. Mark Herring to run for attorney general in 2013". The Washington Post. Retrieved July 24, 2012.
  13. ^ "Republican John Frey withdrawing from Virginia's attorney general race". The Washington Post. November 27, 2012. Retrieved November 28, 2012.[dead link]
  14. ^ Wilson, Todd Allen (September 14, 2012). "3rd Dem enters 2013 A.G. race". The Daily Press. Retrieved October 21, 2012.
  15. ^ Walker, Julian (November 15, 2012). "Signer (D) declines AG bid, endorses Herring". The Virginian-Pilot. Retrieved November 28, 2012.
  16. ^ Sluss, Michael (December 3, 2012). "Former Del. Ward Armstrong won't run statewide in 2013". The Roanoke Times. Retrieved December 23, 2012.
  17. ^ "Race details at". Ourcampaigns.com. Retrieved November 16, 2013.
  18. ^ Herring for attorney general The Virginian Pilot September 10, 2013
  19. ^ Virginia endorsements: Ralph Northam and Mark Herring The Washington Post October 15, 2013
  20. ^ "The Virginia Police Benevolent Association announces endorsement of Mark Herring for Attorney General". Sspba.org. August 30, 2013. Retrieved November 16, 2013.
  21. ^ Chase endorses Obenshain Star-Exponent October 5, 2013
  22. ^ Mark Obenshain snags endorsement of former Newport News senator Marty Williams Daily Press September 10, 2013
  23. ^ Obenshain endorsed by former AG candidate PilotOnline.com February 15, 2013
  24. ^ Editorial: Obenshain for AG Richmond Times-Dispatch October 20, 2013
  25. ^ For attorney general: Obenshain The Richmond Times October 30, 2013
  26. ^ Obenshain: The experience to solve problems Richmond Times-Dispatch October 24, 2013
  27. ^ "Larry J. Sabato's Crystal Ball » RATINGS CHANGE: A DEMOCRATIC TIDE IN VIRGINIA". centerforpolitics.org.
  28. ^ "Commonwealth of Virginia State Board of Elections. Virginia Election Recounts and Contests -- The Basics" (PDF). November 7, 2013. Archived from the original (PDF) on December 3, 2013. Retrieved November 15, 2013.
  29. ^ "Herring, Obenshain may face recount in Va. AG's race; December outcome likely". The Washington Post. November 6, 2013. Retrieved November 8, 2013.
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