Attorney General elections, 2020

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Ten states held attorney general elections in 2020: Indiana, Missouri, Montana, North Carolina, Oregon, Pennsylvania, Utah, Vermont, Washington, and West Virginia.

No attorney general offices changed partisan control as a result of the 2020 elections. Eight incumbents won re-election, one incumbent did not run for re-election, and one incumbent was defeated in a party convention.

All 50 states have an attorney general who serves as the state's chief legal officer. The attorney general is responsible for enforcing state law and advising the state government on legal matters. In many states, attorneys general play a large role in the law enforcement process. Seventeen states impose some form of term limits on attorneys general.

Partisan balance

The following chart displays the number of state attorney general offices held by each party as of November 2020 and immediately after the elections took place.

State attorneys general partisan breakdown
Party As of November 2020 After the 2020 elections
     Democratic Party 23 23
     Republican Party 26 26
     Nonpartisan 1 1
Total 50 50

Offices that changed party control

No attorney general offices changed party control as a result of the 2020 elections.

Defeated incumbents

Curtis Hill (R) was defeated in the Indiana Republican convention on July 9, 2020.

Election results

Attorney General races, 2020
Race Pre-election incumbent Post-election incumbent
Indiana Republican Party Curtis Hill Republican Party Todd Rokita
Missouri Republican Party Eric Schmitt Republican Party Eric Schmitt
Montana Republican Party Tim Fox Republican Party Austin Knudsen
North Carolina Democratic Party Josh Stein Democratic Party Josh Stein
Orgeon Democratic Party Ellen Rosenblum Democratic Party Ellen Rosenblum
Pennsylvania Democratic Party Josh Shapiro Democratic Party Josh Shapiro
Utah Republican Party Sean D. Reyes Republican Party Sean D. Reyes
Vermont Democratic Party T.J. Donovan Democratic Party T.J. Donovan
Washington Democratic Party Bob Ferguson Democratic Party Bob Ferguson
West Virginia Republican Party Patrick Morrisey Republican Party Patrick Morrisey

Margin of victory analysis

The following table details the margins of victory for winning candidates in 2008, 2012, 2016, and 2020 in states holding attorney general elections in 2020. [1]

Margin of victory analysis, 2020
State 2020 margin of victory 2016 margin of victory 2012 margin of victory 2008 margin of victory
Indiana R+16.6 R+23.9 R+16.0 R+1.4
Missouri R+21.5 R+22.2 D+15.3 D+5.8
Montana R+17.0 R+35.3 R+7.4 D+5.2
North Carolina D+0.2 D+0.4 D+100 D+22.2
Orgeon D+14.7 D+13.3 D+17.1 D+61.4
Pennsylvania D+4.6 D+2.8 D+14.5 R+6.7
Utah R+26.9 R+40.3 R+36.1 R+34.5
Vermont D+40.2 D+37.2 D+24.6 D+53.9
Washington D+12.9 D+34.3 D+70 R+19.0
West Virginia R+27.6 R+9.7 R+2.4 D+0.8

Incumbents not seeking re-election

One incumbent did not seek re-election in 2020. Tim Fox (R) ran for governor of Montana.

Seats that flipped in 2019

See also: Attorney General elections, 2019

Three states held elections for attorney general in 2019. Republicans gained control of two Democratic-held attorney general offices held one office for a net gain of two seats. As a result, Republicans held a majority of all attorney general offices nationwide. Heading into the elections, Democrats had controlled a majority of attorney general offices. As a result of the election, Democrats held 23 attorney general offices to Republicans' 26.

Attorney General races, 2019
Race Pre-election incumbent Winner
Kentucky Democratic Party Andy Beshear Republican Party Daniel Cameron
Louisiana Republican Party Jeff Landry Republican Party Jeff Landry
Mississippi Democratic Party Jim Hood Republican Party Lynn Fitch

Battlegrounds

Ballotpedia identified two attorney general primaries as battlegrounds in 2020:

Indiana

See also: Indiana Attorney General election, 2020 (July 9 Republican convention)

Todd Rokita defeated incumbent Curtis Hill and two other candidates in the Republican Party primary convention to determine the party's attorney general nominee in the November 3, 2020, general election. After the final round of voting, Rokita received 52 percent of the delegate vote to Hill's 48 percent.[2] Nate Harter and John Westercamp also participated in the convention and were eliminated in earlier rounds of voting.

The Indianapolis Star's Tim Evans wrote, "little separates the four Republicans when it comes to philosophy and issues," writing that, instead, "The GOP race for the party's Attorney General nomination has become a referendum on [the] incumbent." Hill was the subject of inappropriate touching allegations, which resulted in disciplinary action in 2020.[3]

On October 21, 2019, the Indiana Supreme Court Disciplinary Commission convened a hearing related to July 2018 allegations that Hill had inappropriately touched a legislator and three staff members at a party.[4][5] On May 11, 2020, the Indiana Supreme Court ruled against Hill and suspended his law license for 30 days beginning on May 18, 2020.[6]

Harter, the Decatur County Prosecutor, said the disciplinary action against Hill "reflects the unavoidable fact that ... [he] has lost the trust of Hoosiers and has compromised his ability to do the important work we deserve."[7]

While announcing his campaign, Rokita said, "our incumbent is wounded. The unanimous Supreme Court ruling, by Republican appointed and conservative Justices, after a significant investigation of the facts made this choice clear.”[8] Rokita previously served as Indiana's secretary of state and as the U.S. Representative for Indiana's 4th Congressional District.

Westercamp avoided campaigning around Hill's legal proceedings. He said, "I'm not running because of any other person," adding, "Not once have I discussed [Hill's] legal or personal problems in my [campaign materials]."[9][10] At the time of the election, Westercamp practiced regulatory and commercial law at Bose McKinney & Evans LLP.[11]

In a letter sent to GOP state convention delegates, Hill wrote, "These new candidates don't care about your voice. They only care about themselves and taking another step up the ladder."[12] In a later statement, he said, "Like President [Donald Trump (R)], who was cleared by a special prosecutor and still impeached, I was cleared by a special prosecutor but still got a 30-day suspension with automatic reinstatement. Both President Trump and I are 'wounded' as some would say. But not so wounded to ignore our individual record of achievement. And in my case, a record that far exceeds any expectations from my challengers."[3]

The convention began on June 18, 2020, with a live streamed broadcast. Delegates received ballots by mail on June 22, which had to be returned by 5:00 p.m. EST on July 9. The winner was announced on July 10, 2020. To learn more about the convention process, click here.

At the time of the election, Indiana was one of 19 states with a Republican triplex, meaning Republicans controlled the positions of governor, secretary of state, and attorney general. Before 2020, the last time Indiana elected a Democratic attorney general was in 1996.

Utah

See also: Utah Attorney General election, 2020 (June 30 Republican primary)

Incumbent Sean Reyes defeated David Leavitt in the Republican Party primary for Utah attorney general on June 30, 2020. Reyes received 54% of the vote to Leavitt's 46%.

Reyes and Leavitt advanced from the April 25 state Republican Party convention, where Reyes received 57.5% of the vote to Leavitt's 42.5%. Former candidate John Swallow was eliminated from the running at the convention.[13]

Reyes became attorney general in 2013. He ran on his record, saying he protected children, teens, people's private online data, and family finances. He said Leavitt's focus on criminal justice reform as the most important issue showed he was not qualified to hold the office. Reyes also said, "My opponent talks about me being aggressive. I am aggressive on crime. But there's a reason people like Sen. Mike Lee have said that I've done more for criminal justice reform than any other Republican attorney general in the United States."[14]

Leavitt was elected as Utah County attorney in 2018. He previously served as advisor to the National Institute of Justice for Moldova and to the Supreme Court of Ukraine. Leavitt said criminal justice reform should be the focus of the office and that he would work to reduce the number of plea bargains and increase the number of jury trials. He said Reyes "believes in the 'lock 'em up' mentality that is destroying all of us. And I will say, 'Punishment, yes; retribution, no.' It's about redemption."[14]

The Cook Political Report rated the general election Solid Republican as of June 12, 2020.[15]


Triplexes

See also: Election results, 2020: State government triplexes

Thirteen states held elections for one or more triplex offices on November 3, 2020. A state government triplex occurs when the governor, attorney general, and secretary of state in a given state are all members of the same political party.

In the November 3 elections, Republicans and Democrats each gained triplex status in one state.

Heading into 2020, there were 36 state government triplexes: 19 Republican triplexes and 17 Democratic triplexes. The remaining 14 states were under divided control, meaning neither party had a triplex. As a result of the November 3 elections, the total number of triplexes increased to 38: 20 Republican triplexes and 18 Democratic triplexes. Twelve states remained under divided control.

Changes in triplex status

Montana

As a result of the 2020 elections, Montana transitioned from divided control to a Republican triplex. Republicans flipped the governor's office and maintained control of the secretary of state and attorney general offices.

Oregon

As a result of the 2020 elections, Oregon transitioned from divided control to a Democratic triplex. Democrats flipped the secretary of state's office and maintained control of the attorney general office. Incumbent Gov. Kate Brown (D) was not up for re-election in 2020.


Changes in triplex status
Democratic triplexes Republican triplexes Divided control
Before 2020 election 17 19 14
After 2020 election 18 20 12



Historical control

In 1977, the Democratic Party held a total of 27 elected attorney general offices to the Republican Party's 16. The Democratic lead in attorney general offices would be maintained through the 1990s, as opposed to the other three top executive offices, which became majority-Republican following the 1994 midterm elections. In the 2010 midterm elections, the Republican Party gained a lead in elected attorney general offices, with 22 elected attorneys general to the Democrats' 21. The Democratic victory in the 2013 Virginia election for attorney general caused the party to briefly regain a 22-21 majority of elected attorney general offices. This lead was lost in the 2014 midterm elections. After that point, the Republican Party continued to grow its majority control of elected attorney general offices until 2018, when Democrats regained a majority of elected attorney general offices. In 2019, Republicans gained control of two Democratic-held attorney general offices held one office for a net gain of two seats. As a result, Republicans held 22 elected seats to Democrats' 21.

About the office

See also: Attorney General (state executive office)

The attorney general is an executive office in all 50 states that serves as the chief legal advisor and chief law enforcement officer for the state government and is empowered to prosecute violations of state law, represent the state in legal disputes and issue legal advice to state agencies and the legislature. In most states, the attorney general has a substantial influence on a state's approach to law enforcement. Attorneys general often set particular law enforcement priorities (e.g. drug law, civil rights violations or sexual crime) and focus extra resources on these issues. This puts them, in the words of the National Association of Attorneys General, at the "intersection of law and public policy."[16][17]

Selection process

The attorney general is directly elected in 43 states. The attorney general is appointed by the state Legislature in Maine, by the state Supreme Court in Tennessee, and by the governor in the remaining five states.

Partisan affiliation

Compensation

According to compensation figures for 2022 compiled by the Council of State Governments in the Book of the States, the highest salary for an attorney general is $220,000 in New York, while the lowest is $82,220 in Oregon. To view the compensation of a particular attorney general, hover your mouse over the state.

Initiate local prosecution

In 47 states—all except Connecticut, North Carolina, and Arkansas—the attorney general has the power to initiate prosecution at the local level, although 28 states place limits on this power.[18]

Supersede local prosecution

In 36 states, the attorney general has the power to take over a case handled by a local prosecutor without instructions from the governor or legislature, although this power is restricted to certain cases in 22 of those states. This differs from general power of oversight over legal matters in a state and the ability of some attorneys general to initiate local prosecution or to step in and provide assistance to a local prosecutor without instructions from the governor or legislature. In Alaska and Delaware, the attorney general's office is responsible for handling all local prosecution by default.[18]

Criminal appeals

The attorney general has the power to represent the state in criminal appeals in 46 states, although this power is restricted in five of those states.[18]


Term limits

A total of 17 states impose some form of term limits on attorneys general.

Analysis of state elections

See also: Ballotpedia's Election Analysis Hub, 2020


In November 2020, regular elections were held for 86 of 99 state legislative chambers, plus 11 gubernatorial offices, nine lieutenant gubernatorial offices, 10 attorney general offices, and seven secretary of state offices.

Election analysis

All state elections

Trifectas

State executive elections

State legislative elections

State ballot measures


See also


External links

Footnotes

  1. ↑ Vermont holds attorney general elections every two years. To view a full election history, click here.
  2. ↑ The Indianapolis Star, "Indiana GOP taps former Congressman Todd Rokita to run for attorney general over Curtis Hill," July 10, 2020
  3. ↑ 3.0 3.1 The Indianapolis Star, "'Wounded' Attorney General Curtis Hill facing 3 challengers for GOP nomination," June 17, 2020
  4. ↑ StarTribune, "Partygoers say Indiana attorney general seemed drunk at bar," October 22, 2019
  5. ↑ Fox59, "Indiana A.G. Curtis Hill takes stand in disciplinary hearing," October 24, 2019
  6. ↑ Indiana Supreme Court, "In the Matter of Curtis T. Hill, Jr., Respondent," May 11, 2020
  7. ↑ The Indiana Lawyer, "Despite lost support, AG Hill seemingly pushes forward," May 12, 2020
  8. ↑ Washington Times, "Ex-Congressman Rokita joins Indiana attorney general race," May 20, 2020
  9. ↑ Facebook, "Johnson GOP," June 15, 2020
  10. ↑ Facebook, "John Westercamp for Attorney General," June 16, 2020
  11. ↑ Westercamp's 2020 campaign website, "Meet John," accessed June 17, 2020
  12. ↑ The Indiana Lawyer, "AG Hill vows to stay in campaign as he seeks GOP support," May 13, 2020
  13. ↑ Utah Republican Party, "Convention Results," accessed June 25, 2020
  14. ↑ 14.0 14.1 The Salt Lake Tribune, "GOP Utah attorney general debate turns into a slugfest," updated June 3, 2020
  15. ↑ The Cook Political Report, "An Updated Look at Handicapping the 2020 Attorney General Elections," June 12, 2020
  16. ↑ The National Association of Attorneys General, "Home," accessed March 26, 2013
  17. ↑ Council of State Governments, "The Book of States 2012," accessed October 17, 2012
  18. ↑ 18.0 18.1 18.2 Council of State Governments, "Book of the States 2017 - Attorneys General: Prosecutorial and Advisory Duties," accessed December 3, 2017
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