The 2013 Virginia Attorney General election 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.

On May 18, 2013, a Republican state convention in Richmond nominated State Senator Mark Obenshain over State Delegate Rob Bell. The Democratic primary on June 11, 2013, was won by State Senator Mark Herring, who defeated former Assistant United States Attorney Justin Fairfax.

While the statewide elections for governor and lieutenant governor garnered more national attention, the race for attorney general was the most competitive. 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. 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%.

After the certification, Obenshain requested a recount, which began on December 16. Obenshain conceded the election on December 18, and later that day, the recount ended with Herring winning by 907 votes, or 0.04%. Democrats held the Attorney General's office for the first time since 1994, and with Herring's victory, Democrats held all five statewide offices – including both U.S. Senate seats – for the first time since 1970.

Republican nomination

Candidates Nominated at convention Mark Obenshain, state senator

Defeated at convention Rob Bell, state delegate

Withdrew John Frey, Fairfax County Clerk of the Circuit Court

Democratic primary Candidates Declared Justin Fairfax, former Assistant United States Attorney Mark Herring, state senator

Withdrew Michael Signer, attorney and candidate for lieutenant governor in 2009

Declined Ward Armstrong, former Minority Leader of the Virginia House of Delegates

Polling Poll source Date(s)administered Samplesize Margin oferror JustinFairfax MarkHerring Other UndecidedPublic Policy PollingPublic Policy Polling May 24–26, 2013 322 ± 5.5% 19% 22% — 59%

Results

General election Endorsements

Predictions SourceRankingAs of Sabato's Crystal Ball October 24, 2013

Polling Poll source Date(s)administered Samplesize Margin oferror MarkObenshain (R) MarkHerring (D) Other UndecidedPublic Policy PollingPublic Policy Polling November 2–3, 2013 870 ± 3.3% 45% 47% — 8%Christopher Newport UniversityChristopher Newport University October 25–30, 2013 1,038 ± 3% 45% 43% — 12%Public Policy PollingPublic Policy Polling October 26–27, 2013 709 EV ± 3.6% 42% 54% — 3%Hampton UniversityHampton University October 24, 26–27, 2013 800 ± 2.9% 45% 39% — 16%Washington Post/Abt SRBIWashington 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 UniversityChristopher Newport University October 8–13, 2013 753 ± 3.6% 46% 45% — 9%Watson CenterWatson Center October 1–6, 2013 886 ± 3.1% 42% 45% — 14%Roanoke CollegeRoanoke College September 30–October 5, 2013 1,046 ± 3% 38% 35% — 26%Hampton UniversityHampton University September 25–29, 2013 800 ± 2.9% 41% 37% — 23%University of Mary WashingtonUniversity of Mary Washington September 25–29, 2013 559 ± 4.7% 42% 36% 6% 16%Washington Post/Abt SRBIWashington Post/Abt SRBI September 19–22, 2013 562 ± 5% 42% 45% — 14%Conquest CommunicationsConquest Communications September 19, 2013 400 ±5% 35.8% 24.5% — 39.8%NBC/MaristNBC/Marist September 17–19, 2013 546 ± 3% 34% 39% — 26%Roanoke CollegeRoanoke College September 9–15, 2013 874 ± 3.3% 31% 33% — 34%Public Policy PollingPublic Policy Polling July 11–14, 2013 601 ± 4% 36% 38% — 25%Roanoke CollegeRoanoke College July 8–14, 2013 525 ± 4.3% 33% 29% — 38%Public Policy Polling May 24–26, 2013 672 ± 3.8% 32% 33% — 34%

Poll source Date(s)administered Samplesize Margin oferror MarkObenshain (R) JustinFairfax (D) Other UndecidedPublic Policy Polling May 24–26, 2013 672 ± 3.8% 32% 30% — 38%

Initial results

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." 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.

Results

By county and independent city