Virginia Attorney General Race: And in a Tie, the Winner Is ...

By Todd Richissin

With the Virginia attorney general race all but certain to be headed for a recount, the possibility looms — however small — of a tied vote.

As of Monday, the State Board of Election website showed Democrat state Sen. Mark Herring with a 164-vote lead over his GOP opponent, state Sen. Mark Obenshain, 1,103,777 to 1,103,613.

So, what happens if the recount shows nobody has a lead, as in the votes are recounted and there's a tie?

In this case, count on a tie going to the Republican.

In the event statewide votes are tied for the office of Attorney General, the Constitution of Virginia requires that the winner must be determined by “a majority of the total membership of the General Assembly,” according to Justin Riemer, a spokesman for the State Board of Elections. 

With the GOP holding the General Assembly comfortably, that would almost certainly mean that a tie in the Nov. 5 election would make Obenshain the victor.