The outcome of the race for Virginia's attorney general remains unclear as Republican candidate Robert McDonnell leads Democrat candidate Creigh Deeds by less than 2,000 votes with 99.88 percent of precincts reporting at midnight according to the Virginia Board of Elections. The votes differ by 0.08 percent.
These figures will remain unofficial until the State Board of Elections certifies the results Nov. 28.
"Until a state board of elections certifies a result, there is no winner of this race," Deeds' Communications Director Peter Jackson said.
According to Clay Landa, Virginia Board of Elections Policy Analyst, the electoral board in each county met yesterday to determine if the provisional ballots in the attorney general election are valid and whether they can be counted.
"They're usually not a huge number, [and] I don't think there is going to be that high of a number today," Landa said yesterday.
When the results are certified and the difference in votes between the top two candidates are within one percent, the losing candidate can request a recount within 10 days, according to Landa.
Because McDonnell and Deeds are seeking state offices, the losing candidate would file a petition for a recount in the city of Richmond. The recount court, overseen by three judges, is where arguments are heard and every ballot that was cast is recounted by recount officials. The time frame is decided by the court, so there is no date when a decision can be expected.
Jackson said Deeds' campaign has put together a legal team to oversee the vote counting, and if a recount process is needed, the team's lead attorney will be Joseph C. Kearfott. Kearfott was the lead attorney for Gov. Douglas Wilder's recount team in 1989, which was the first and last time there was a state-wide recount in Virginia.
McDonnel's campaign could not be reached for comment.
Currently Judith Jagdmann serves as the interim attorney general until a candidate is selected to take her place. Jagdmann was appointed to this position when Jerry Kilgore resigned to run for governor.
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