Early results from the recount show Herring widening an earlier lead of 165 votes. Obenshain concedes in Va. AG race

Virginia Republican state Sen. Mark Obenshain conceded the attorney general’s race Wednesday afternoon, ushering Democrat Mark Herring into office and giving Democrats their first clean sweep of the top five statewide offices since 1969.

“The recount is almost over, and in this contest for attorney general … it’s become apparent that our campaign is going to come up a few votes short,” Obenshain said, noting that he’d already called Herring to offer his congratulations. “It was a vigorous and hard-fought campaign, but it’s over.”


Obenshain’s concession will end a recount process that began on Nov. 5, when the two candidates were separated by a razor-thin election night margin.

Early results from the recount, which began Monday and was scheduled to conclude this week, show Herring widening an earlier lead of 165 votes. As of Wednesday morning, Herring’s lead had increased to more than 800 votes, according to Herring’s campaign, with just under three-quarters of the ballots counted.

Obenshain praised his campaign staff and volunteers and said they kept up a positive campaign message in what was a very negative cycle. “I am immensely proud of the campaign we ran,” he said.

Virginia held its attorney general election on Nov. 5 between Herring and Obenshain, both state senators vying to replace Republican Ken Cuccinelli. The Democratic candidates for governor and lieutenant governor — Terry McAuliffe and Ralph Northam, respectively — both won their races that night, but the attorney general’s race remained too close to call.

Herring defeated Obenshain by 165 votes out of more than 2.2 million votes cast, according to results certified by the Virginia State Board of Elections on Nov. 25. That margin fluctuated quite a bit between Election Day and Nov. 25 as local and state election officials tallied the results, with a lot of discussion and participation from reporters and activists on Twitter.

Obenshain requested a recount on Nov. 27. The recount, overseen by a three-judge panel, began on Monday in Fairfax County and cities Alexandria and Chesapeake, and on Tuesday in the rest of the state. It was expected to conclude by Friday, with both campaigns expected in a special recount court to deal with disputed ballots starting Wednesday.

Taking a conciliatory tone, Obenshain said Wednesday that he and Herring agree on some issues, such as combating human trafficking, and he’s sure they are “going to cooperate and work together” going forward.

Obenshain’s concession is a big victory for Democrats, who now control all five statewide positions in Virginia — a state that used to be reliably red but has been trending blue in recent election cycles. It also means Republicans’ available bench for the 2017 governor’s race and other statewide races is diminished: the GOP’s two most recent Virginia gubernatorial candidates, Cuccinelli and Gov. Bob McDonnell, had been serving as the state attorney general when they launched their campaigns.

At the same time, Herring’s victory could ultimately cost Democrats their control of the state Senate: His ascension to the attorney general’s office will prompt a special election for his state Senate seat, which is considered highly competitive. The Virginia State Senate is currently split evenly, 20-20, between Democrats and Republicans.

Virginia also held an attorney general recount in 2005, when Republican and future governor McDonnell ran against Democrat Creigh Deeds. McDonnell gained 37 votes in the recount to win by a total of 360 votes.

Elizabeth Titus contributed to this report.