FAIRFAX, Va. (WUSA9) -- Votes are still be counted in Fairfax County... which is now ground zero for the final decision in the Attorney General's race.
The Fairfax County Electoral Board has now acted upon 310 of 493 provisional ballots. The Board has so far accepted 172, and rejected 138. It plans to act on the remaining 183 by Tuesday afternoon.
However those votes shake out, they will have an affect on the tight Attorney General's race where a total of about two million votes were cast with half going to Republican Mark Obenshain and the other half to Democrat Mark Herring.
Nearly 500 people in Fairfax County who went to the polls Election Day, found themselves, not listed as registered voters. Many of them are military people who had previously asked to be mailed an absentee ballot, the ballot was sent, and then they showed up to vote and were not allowed to. But they were allowed to cast provisional ballots.
Over the weekend and today, those people were subjected to continuous calls and knocks on the door urging them to defend their ballots before the three member Electoral Board.
Richard Bensinger of Herndon said that he was told his name had been removed b because he had registered in Florida. But Bensginer says he did not register to vote in Florida, and never even moved there. He may have been one of more than 50,000 names in Virginia purged from the voter rolls under a new state data sharing system.
"I think before anybody cancels anybody, they ought to let you know and notify you. That didn't happen," said Bensinger.
Another change... the State Board of Elections told Fairfax that it can no longer allow attorneys to speak for provisional voters, without the voter being here.
Electoral Board Secretary Brian Schoeneman said there was no effort by either party to suppress votes nor to extend the voting. He said that the Electoral Board is committed to making sure every valid vote cast is counted.
Voter Johanna Villemarette of Vienna same to defend her ballot. She said she was happy to do so, but not happy to come in on her day off, but still felt it was her duty as an American to make sure her vote was counted.
The voters who came in all realize that their votes are under such scrutiny, because of ever-tighteinng attorney general race.
Max Pfeferman was pleased that he had until today to come since he was watching his children yesterday. "It's pretty cool" he said, that his vote could affect the outcome of the race. You hear about every vote counting, he said, but it never happens to you, until now, and that's cool, he said.
The Board will continue to hear from voters until Tuesday at 1pm. The board will then send it's tally to Richmond; it's deadline to do so is midnight Tuesday.
It's expected a recount will be requested by the loser, which is allowed in races closer than 1%.