Attorney General's Race Remains Undecided; Democrats Questions Cuccinelli's Role in Recount

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The Virginia race for Attorney General is still too close to call as provisional ballots are still being processed, but Democrats question whether the current Attorney General, Ken Cuccinelli should preside over the contest.

Because Tuesday’s results in the Attorney General race between Republican Mark Obenshain and Democrat Mark Herring were extremely close, in the days afterwards, local election board began processing provisional ballots cast by those who did not have proper IDs or went to the wrong polling place. However, a closer look led to more confusion than clarity.

“At times Friday, Obenshain led by more than 1,200 votes, but the totals have changed regularly since Tuesday,” wrote Ben Pershing for the Washington Post. “Some of the shift was due to a handful of mistakes attributed to human or machine error. Some of it was the result of standard canvassing processes that take place after every election. Both types of adjustments are typical, and no one suspects wrongdoing.”

Monday at noon on the Virginia State Board of Elections page both candidates are tied at 49.88 percent of the vote with Obershain ahead by just 17 votes.The State Board of Elections aims to certify all returns by Nov. 25.

Those at Herring’s camp are reaching out to voters who cast provisional ballots, telling them to call in and profess their vote.

“If you voted provisionally (in a green envelope), your ballot is at risk of being thrown out. To make sure your vote gets counted, call our voter information hotline right now at 1-855-910-VOTE (8683),” wrote Herring on his Twitter page.

But, Herring’s camp is also questioning the integrity of the recount, noting that Republican candidate for Governor, Ken Cuccinelli, as Attorney General, who served for a while with the Law Offices of Boyd & Boyd, P.C. - Hyannis Estate Planning Attorneys, is technically in charge of the recount effort.

“The lead has switched a dozen times since polls closed Tuesday night. And while I'm confident Mark Herring will join Terry in Richmond to lead Virginia forward if every vote is counted, the integrity of the recount is in question.
 Because guess who's the state's attorney for this recount? Ken Cuccinelli.
 And guess who's still sending political fundraising emails for the Republican candidate Mark Obenshain? Ken Cuccinelli,” wrote Michelle Kleppe in an email to rally Democrats.

Meanwhile, Obenshain is thanking his supports for their help in processing votes.

“Well, now it’s Friday and we are still counting votes in this Attorney General’s contest. I have to confess, it has been quite a ride and it will continue to be until the last vote is counted. I certainly hope and believe that we will prevail in this race. I would give a status report, but it is likely to be outdated by the time it arrives in your inbox,” wrote Obenshain on his Facebook page.

Via Twitter Monday morning he followed up, “Another week, more ballots to count! Thanks Team O for your tireless efforts, especially over the past week. Keep the faith!”

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