If you are ever tempted to think that your vote doesn’t matter, consider the 163-vote margin separating Mark Herring and Mark Obenshain in Virginia’s Attorney General race. With over 2.2 million votes cast, the result is a statistical tie. And, because the Attorney General oversees elections in Virginia, it could be an important win for the Democrats in 2016, should the presidential vote be similarly close.

The results won’t be certified until November 25th, after which I expect that there will be a recount. With results that close, there ought to be a recount.

The election turned on provisional ballots that were cast in populous Fairfax County. The Republicans tried to foul things up by forcing people to reappear to fight for their votes, but the local election board used their discretion to extend the deadline. Now the Republicans are blaming the extension for a violation of equal rights protection for provisional voters in other counties.

Republicans said Tuesday night that they were unhappy with the way Fairfax had handled the 493 provisional ballots cast there. Fairfax gave voters who wanted to appear in person to argue for the validity of their ballots until 1 p.m. Tuesday to do so. Other jurisdictions had observed a Friday deadline.

Republican attorney Miller Baker, who had been observing the screening of provisional votes, formally objected to the results before the Fairfax Electoral Board voted Tuesday. He said the equal-protection rights of other provisional voters were violated because voters in Fairfax County had more time to testify to the legitimacy of their ballots.

“These in-person interviews have made a difference,” Baker said. “Voters in Bedford, Richmond, Charlottesville and Danville were not given the same opportunity.”

Baker commended the Fairfax electoral board for trying to get the most accurate results, but he argued that the board should hold off on formally reporting the results.

“We should make certain that every legitimate vote is being counted and we are getting it right,” he said. “They are trying to do the right thing, but regrettably that has not occurred.”

It’s a Republican vs. Republican argument because the three-member Fairfax Board of Elections has two Republicans. The state GOP can’t argue that it was a partisan decision to extend the deadline. Actually, they can’t really argue anything. All they can hope is that a recount finds a more favorable result for them, which it might.

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