2024 State Attorney General Election Preview
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2024 State Attorney General Election Preview

Brownstein Client Alert, July 8, 2024

Every state has an attorney general who serves as its chief legal officer—by counseling state legislatures and government agencies and by representing the public interest. In many states, the AG also plays a uniquely important role in criminal law enforcement. State attorneys general have in recent years become increasingly influential in driving policy outcomes nationwide—particularly through coalition lawsuits and collaborations with federal investigators.

Whether elected or appointed, AGs are partisan. There are currently 27 Republican state AGs and 24 Democratic AGs (including the District of Columbia).

This year, 10 states will hold AG elections: Indiana, Missouri, Montana, North Carolina, Oregon, Pennsylvania, Utah, Vermont, Washington state and West Virginia. In several of these states, the real race was or is the party primary. The results, along with the shifting and continuously complex political dynamics in 2024, will influence the broader policy outlook for the next several years.

Here’s a preview of the 10 state AG races that we will see in November:
 

INDIANA

Candidates:

  • Incumbent Republican AG Todd Rokita
  • Democrat Destiny Scott Wells*
  • Democrat Beth White*
    *Democratic primary convention will be held July 15.

Relevant context: In 2020, Rokita won with 58.3% of the vote. Every Indiana attorney general since 2001 has been a Republican, and no Democrat has won a statewide election since 2012. Although the state favors Republicans, a win for whomever secures the Democratic nomination is not entirely out of reach—though it is still a long shot.


MISSOURI

Candidates:

  • Incumbent Republican AG Andrew Bailey*
  • Republican Will Scharf*
    *Republican primary will be held on Aug. 6
  • Democrat Elad Gross
  • Libertarian Ryan Munro

Relevant context: Bailey was appointed in 2023 after former Republican AG Eric Schmitt won election to the U.S. Senate. In 2020, Schmitt won the AG race with 59.4% of the vote. Missouri is a safe red state with a Republican as its attorney general since 2017. Whether the incumbent Bailey keeps his seat or his challenger wins the primary, the office will most likely still be held by a Republican after the November election.
 

MONTANA

Candidates:

  • Incumbent Republican AG Austin Knudsen
  • Democrat Ben Alke

Relevant context: In 2020, Knudsen won with 58.5% of the vote in a red-leaning state. It would be an uphill battle for Democrats to unseat Knudsen—a Republican has held the seat since 2013 despite electing a Democratic governor twice during that time in 2012 and 2016, and having a Democratic U.S. senator.
 

NORTH CAROLINA

Candidates:

  • Democrat Jeff Jackson
  • Republican Dan Bishop

Relevant context: Current Democratic AG Josh Stein is not seeking reelection because he is running for governor; in 2020, Stein narrowly won the AG race with just 50.1% of the vote. North Carolina has developed a reputation as more of a swing state in recent election cycles, and although voters have not elected a Republican to the seat in more than a century, the likely result is still a toss-up between these two members of Congress.
 

OREGON

Candidates:

  • Democrat Dan Rayfield
  • Republican Will Lathrop

Relevant context: Current Democratic AG Ellen Rosenblum is not running for reelection; in 2020, Rosenblum won with 56% of the vote. Safely blue, a Republican hasn’t been elected to the state AG seat since 1988.
 

PENNSYLVANIA

Candidates:

  • Democrat Eugene DePasquale
  • Republican Dave Sunday

Relevant context: Current Democratic AG Michelle Henry was appointed in 2023 after former Democrat AG Josh Shapiro won the race for governor, and she is not running for election; in 2020, Shapiro won the AG race with 50.9% of the vote. Pennsylvania voters have split tickets down the ballot in recent election cycles and will likely make for a toss-up for the state AG.
 

UTAH

Candidates:

  • Republican Derek Brown
  • Democrat Rudy Bautista
  • Libertarian Andrew McCullough
  • United Utah Michelle Quist
  • Unaffiliated Austin Hepworth

Relevant context: Current Republican AG Sean Reyes is not running for reelection; in 2020, Reyes won with 60.6% of the vote. Utah is solidly red, and a Democrat hasn’t won the seat since 1996.
 

VERMONT

Candidates:

  • Incumbent Democrat AG Charity Clark
  • Republican H. Brooke Paige
  • Progressive Elijah Bergman

Relevant context: In 2022, Clark won with 65% of the vote in a solidly blue state. No Republican has won the seat since 1992.
 

WASHINGTON STATE

Candidates:

  • Democrat Nick Brown*
  • Democrat Manka Dhingra*
  • Republican Pete Serrano*

*Nonpartisan, all-candidate primary will be held on Aug. 6, with the top two candidates advancing to the November general election

Relevant context: Current Democrat AG Bob Ferguson is not seeking reelection because he is running for governor; in 2020, Ferguson won the AG race with 56.4% of the vote and has held the seat since 2013. A Democrat will very likely win the seat in November—although the one Republican, Serrano, in the race could make it to the general election in the state’s nonpartisan primary with two credible candidates splitting Democratic voters.
 

WEST VIRGINIA

Candidates:

  • Republican John “J.B.” McCuskey
  • Democrat Teresa Toriseva

Relevant context: Current Republican AG Patrick Morrisey is not seeking reelection because he is running for governor; in 2020, Morrisey won the AG race with 63.8% of the vote and has held the seat since 2013. West Virginia is a solidly red state and voters are unlikely to change course this election cycle.


This document is intended to provide you with general information regarding state attorney general elections in 2024. The contents of this document are not intended to provide specific legal advice. If you have any questions about the contents of this document or if you need legal advice as to an issue, please contact the attorneys listed or your regular Brownstein Hyatt Farber Schreck, LLP attorney. This communication may be considered advertising in some jurisdictions. The information in this article is accurate as of the publication date. Because the law in this area is changing rapidly, and insights are not automatically updated, continued accuracy cannot be guaranteed.

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