2013 Virginia Attorney General election

The Virginia Attorney General election of 2013 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.

2013 Virginia Attorney General election

November 5, 2013

Nominee Mark Herring Mark Obenshain Party Democratic Republican Popular vote 1,105,045 1,104,138 Percentage 49.91% 49.87%

County and independent city results Herring:      50–60%      60–70%      70–80%      80–90% Obenshain:      50–60%      60–70%      70–80%

Attorney General before election Ken Cuccinelli Republican Elected Attorney General Mark Herring Democratic

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] With Herring's victory, Democrats held all five statewide offices – including both U.S. Senate seats – for the first time since 1970.

This is the last time Montgomery County has voted for the Republican candidate in a statewide election.

Republican nomination

Nominated at convention

• Mark Obenshain, state senator[11]

Defeated at convention

• Rob Bell, state delegate[12]

Withdrew

• John Frey, Fairfax County Clerk of the Circuit Court[13]

Democratic primary

Declared

• Justin Fairfax, former Assistant United States Attorney[14]
• Mark Herring, state senator[12][2]

Withdrew

• Michael Signer, attorney and candidate for lieutenant governor in 2009[15]

Declined

• Ward Armstrong, former Minority Leader of the Virginia House of Delegates[16]

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

• The Virginian-Pilot[18]
• The Washington Post[19]

Organizations

• Virginia Police Benevolent Association[20]

Mark Obenshain (R)

Elected Officials

• Bill Chase, independent Culpeper County Supervisor[21]
• Marty Williams, former Republican state senator[22]

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

• Richmond Times-Dispatch[24]
• The Roanoke Times[25]

Organizations

• Virginia Fraternal Order of Police[26]

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%

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."[27] 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.[28]

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

• 2013 Virginia elections
• 2013 Virginia gubernatorial election
• 2013 Virginia lieutenant gubernatorial election
• 2013 United States gubernatorial elections

References

1. Schmidt, Markus; Nolan, Jim (May 18, 2013). "Virginia GOP convention: Obenshain nominee for AG". Richmond Times-Dispatch. Retrieved May 18, 2013.
2. 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. "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. 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. 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.
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. "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.
28. "Herring, Obenshain may face recount in Va. AG's race; December outcome likely". The Washington Post. November 6, 2013. Retrieved November 8, 2013.