Fairfax Commonwealth's Attorney Descano Defeats Nuttall, AP Reports

FAIRFAX COUNTY, VA — Commonwealth's Attorney Steve Descano has defeated Ed Nuttall with an estimated 65 percent of votes tallied, the Associated Press called at 9:45 p.m. Tuesday.

With all but provisional ballots counted, Descano had 55.11 percent of the votes, according to the Virginia Department of Elections unofficial results. Descano had 55.11 percent of votes in Fairfax County compared to Nuttall's 44.89 percent. Nuttall had 52.73 percent of votes in Fairfax City, compared to Descano's 47.27 percent.

Descano thanked supporters as well as Nuttall for "allowing us to have a referendum on the future of justice reform in Fairfax."

"Voters across Fairfax County made their voices heard," said Descano in a tweet. "They chose to continue reforming a two-tiered justice system that for too long had treated white people differently from black and brown people, and rich people differently than everybody else...We're building a justice system that works for everyone in our community - not just the bail bondsmen, the courthouse establishment, or those more interested in pushing papers than pursuing justice."

Nuttall conceded the race and congratulated Descano.

"We started this campaign back in February to give voices to victims of violent crime. I believe we have accomplished that," Nuttall tweeted. "The support from my family, friends, volunteers and courthouse community has been amazing."

Results are unofficial until certified by the state's electoral board in the coming days.

See live election results for local races at the bottom of this story.

Descano, the progressive-minded prosecutor for Fairfax County and Fairfax City, is seeking a second term. He faces Democratic primary challenger Nuttall, an attorney who has been general counsel to the Fraternal Order of Police Fairfax Lodge 77.

Descano is a prosecutor who unseated former Commonwealth's Attorney Ray Morrogh with a progressive platform in the 2019 primary election. Descano has worked on a diversion program, opposed prosecution of marijuana possession, opposing the death penalty, and implemented bail reforms to release people not considered to be a danger to the public before trial.

Descano has been endorsed by Democratic leaders such as Rep. Gerry Connolly, Rep. Don Beyer, Minority Leader Don Scott and five Fairfax County Board of Supervisors members as well as organizations like VoteVets, Repro Rising Virginia and New Virginia Majority.

Nuttall is a lawyer who has been critical of Descano's work in the top prosecutor position. Nuttall's campaign priorities include modifying discovery protocol to avoid cases being dismissed due to missed deadlines, a mental health docket in Fairfax County Circuit Court and Juvenile and Domestic Relations Court, expanding Drug Court in Juvenile and Domestic Relations Court, replacing social media and public information staff with a senior lawyer or retired judge to provide prosecutor training and victim services coordinator, and introducing community outreach programs.

Nuttall has been endorsed by the Fraternal Order of Police, Virginia Police Benevolent Association, Fairfax County Sheriff Stacey Kincaid, state Sen. Chap Petersen, Herndon Mayor Sheila Olem and former Virginia Secretary of Public Safety Brian Moran.
The winner of the Democratic primary will go on to the Nov. 7, 2023 election.

Other Democratic primaries in Fairfax County include Fairfax County sheriff, Board of Supervisors chairman, Dranesville, Mason, Mount Vernon and Springfield Board of Supervisors districts, and select Virginia House and Senate districts. No Republican primary elections are being held in Fairfax County.

As of 4 p.m. Tuesday, the Fairfax County Office of Elections reported an estimated 9 percent turnout, with 4.6 percent from early voting and 4.4 percent from polling places.

View unofficial election results for Fairfax County below. Be sure to refresh this page for the latest.