Judge with Obenshain Ties Recuses Himself from Recount

There continues to be a great deal of concern - at least outside of Virginia Republican circles - that Mark Obenshain may yet try to steal the attorney general election having failed to do so at the ballot box. Thankfully, some conservatives are concerned about the integrity of the election and recount process.  A case in point: Richmond judge Bradley B. Cavedo who normally would have presided over the recount has recused himself due to family ties to Obenshain.  A second surprise was Sunday's main editorial by the Daily Press which admonished Obenshain NOT to try to throw the election into the Virginia General Assembly where the GOP controlled legislature could ignore the popular vote.  First highlights from the Washington Post on Judge Cavedo's recusal of himself:

The Richmond judge who would normally preside over the recount in the tight Virginia attorney general race has recused himself, possibly because of his close ties to the family of state Sen. Mark Obenshain.

Under Virginia law, the special court that will oversee the recount of the contest between Obenshain (R-Harrisonburg) and state Sen. Mark Herring (D-Loudoun) — which Herring won by 165 votes, according to the results certified by the State Board of Elections — should be led by the chief judge of the Richmond Circuit Court.

But Bradley B. Cavedo, holder of that title, recused himself from the recount case last week, according to Ed Jewett, the court’s chief deputy clerk. Instead, the recount will be overseen by another circuit court judge, Beverly W. Snukals, who was selected for the task by the Virginia Supreme Court. Two other judges, also selected by the Supreme Court, will participate in the recount court.
 
Cavedo did not say publicly why he was recusing himself, Jewett said. But Cavedo has a long-standing tie to Obenshain’s family
A preliminary hearing in the Herring-Obenshain recount is expected to happen Wednesday, though an official time has not been set. The recount itself is expected to take place over roughly a two-day period in mid-December.

As for the Daily Press' admonition, here's the money quote:

Since the difference between the two candidates is less than one-half of 1 percent, Sen. Obenshain was within his right on Wednesday to request a statewide recount to be conducted at taxpayer expense. A three-judge panel will oversee the process.

Yet, given the doubts expressed publicly and recklessly by Mr. Judd, Sen. Obenshain could later avail himself of an alternate path to victory by seeking a "contest" of the election. He could appeal the Republican-leading General Assembly and allow its members to decide the outcome.

However, leveraging those concerns to throw the election to lawmakers would be deeply troubling, especially for an individual who intends to serve as the commonwealth's attorney. A race decided by the legislature and not by the public would undermine both the office and the individual holding it.

All eyes will be on Sen. Herring, Sen. Obenshain and election officials as the recount proceeds, and they should conduct themselves as agents of the commonwealth, rather than instruments of parties, to ensure confidence in the results.