RICHMOND, Va. (WUSA9) -- In the tightest statewide election in Virginia history, both sides are still hoping to win the Attorney General seat.
Democrat Mark Herring picked up one more vote this morning and is now ahead of Republican Mark Obenshain by 164 votes.
That's out of 2.2 million votes cast.
No one is conceding. Both sides are setting up transition teams. The Democrats say they're confident the vote count is accurate and that Herring will be declared the winner.
But the republicans have set the groundwork for a potential lawsuit with objections raised in Fairfax County.
In Richmond today, Obenshain echoed concerns about due process and making sure every vote was counted. He took a dig at Herring calling it foolish for a candidate to claim victory when the vote margin is 7-1000s of a percent.
"Did he resign his Senate seat?" quipped Obenshain, pointing out that neither of them has resigned.
Herring did not make himself available for questions today, but said on Twitter "Virginia voters have spoken and I am honored to have won their votes and trust to become Virginia's next Attorney General."
Obenshain referred to the last tight statewide race between Republican Bob McDonnell and Democrat Creigh Deeds for Attorney General in 2005 divided by only 360 votes. A recount found by 120 votes. McDonnell won. In 2008, Senator Deeds successfully sponsored legislation that changed the recount process. Now, all the ballots are individually counted by running them through voting machines.
Obenshain said it was entirely possible that when the State Board of elections finishes its review of the election, the final tally could swing his way. He called it premature to decide whether to ask for a recount.
Even though there is fundraising going on for a potential recount. Obenshain says he won't yet say whether he'll seek one. The State finishes its review November 25th, and after that, a recount can be requested.