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Mark R. Herring

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Virginia Attorney General Mark R. Herring said last year he would not defend the state's ban on gay marriage. (Associated Press) ** FILE**

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"This was an extraordinarily close election," Virginia Attorney General-elect Mark R. Herring (above) said as his Republican rival, Mark D. Obenshain (below), seen with his wife, Suzanne, conceded the race to the Democrat in Richmond on Wednesday. Mr. Obenshain had called for a statewide recount in November after an initial count found a 165-vote margin. (associated press photographs)

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"This was an extraordinarily close election," Virginia Attorney General-elect Mark R. Herring (above) said as his Republican rival, Mark D. Obenshain (below), seen with his wife, Suzanne, conceded the race to the Democrat in Richmond on Wednesday. Mr. Obenshain had called for a statewide recount in November after an initial count found a 165-vote margin. (associated press photographs)

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Republican attorney general candidate Mark R. Obenshain announces his transition team Wednesday, hours after Democratic candidate Mark R. Herring announces his own as both teams await official certification Nov. 25. (associated press)

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Republican attorney general candidate Mark R. Obenshain announces his transition team Wednesday, hours after Democratic candidate Mark R. Herring announces his own as both teams await official certification Nov. 25. (associated press)

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Virginia state Sen. Mark R. Herring, the Democratic candidate for attorney general of the commonwealth, speaks with reporters about the vote count during a election-night party in Tysons Corner, Va., early on Wednesday, Nov. 6, 2013. (AP Photo/Cliff Owen)