Attorney General elections, 2016

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Ten states held attorney general elections in 2016.

HIGHLIGHTS
  • Of the ten seats up for election in 2016, six were held by Democrats, while four were held by Republicans.
  • Four incumbent officeholders—one Republican in Indiana and three Democrats in Missouri, North Carolina, and Pennsylvania—did not seek re-election, which put those four seats at greater risk of changing party hands.
  • For several years prior to 2016, state attorneys general filed multi-state lawsuits that significantly altered national policies and regulations in industries such as tobacco, pharmaceuticals, clean energy, and healthcare.
  • One seat changed party hands—Republican Josh Hawley won the open seat in Missouri, which was previously under Democratic control.
  • Click on a state flag to jump to election details:

    Partisan analysis

    Partisan Breakdown: Attorneys General
    Party As of November 2016 After the 2016 Election
         Democratic Party 22 21
         Republican Party 25 26
         Nonpartisan 2 2
         Independent 1 1
    Total 50 50

    The partisan breakdown of state attorneys general remained largely unchanged after the 2014 elections, with Democrats gaining two seats previously held by Republicans.

    Of the ten seats up for election in 2016, six were held by Democrats, while four were held by Republicans. This means Democrats held 60 percent of the seats up for election despite only holding 46 percent of seats across the country. This created a partisan risk in that a disproportionate number of seats held by Democrats were being challenged compared to the actual partisan balance. Democrats therefore entered the 2016 elections in a position of slightly greater partisan risk than Republicans.

    Four incumbent officeholders announced that they were not seeking re-election: Indiana, Missouri, North Carolina, and Pennsylvania. This included three Democratic incumbents (Missouri, North Carolina, and Pennsylvania) and one Republican incumbent (Indiana). Open elections left those four seats vulnerable to changing party hands.

    One seat changed party hands in 2016—Republican Josh Hawley won the open seat in Missouri, which was previously under Democratic control.

    Influence of voter turnout

    Attorney general elections across the country coincided with what was a highly competitive presidential election, which drives up voter turnout.[1] This increased turnout during presidential election years can significantly affect the partisan balance of state governments. In particular, offices elected during mid-presidential term elections disadvantage the party of the current president, a trend that has remained relatively constant since the Civil War. Presidential election years see aggregate gains for the party of the winning presidential candidate.[2][1]

    Thirty-one states held elections for attorney general in 2014, equal to 72 percent of the 43 states in which it is a publicly elected position. That same year, voter turnout was the lowest recorded since 1942.[3] Indeed, voter turnout has dropped during mid-presidential term elections since the 1840s.[2] This means a significant majority of publicly elected attorneys general are elected during these midterm cycles that see significantly lower turnout.

    2016 elections

    Races we watched

    Pennsylvania

    Pennsylvania held an election for attorney general on November 8, 2016. The primary was on April 26. Josh Shapiro (D) won the election, keeping the seat in Democratic hands.

    HIGHLIGHTS
  • Attorney General Kathleen Kane (D) resigned from office in August 2016 after she was convicted on felony perjury charges. She was the first Democrat to hold the office since 1979.
  • Governor Tom Wolf (D) appointed former First Deputy Attorney General Bruce Beemer (D) to serve the rest of Kane's term; he assumed office on August 30.
  • County commissioner Josh Shapiro (D) competed with state Sen. John Rafferty (R) in the general election.
  • Shapiro won the election on November 8, 2016.
  • North Carolina

    North Carolina held an open election for attorney general on November 8, 2016. Josh Stein (D) won the election, keeping the attorney general's seat in Democratic hands.

    HIGHLIGHTS
  • Incumbent Roy Cooper (D) ran for governor in 2016, leaving the attorney general election an open race.
  • The winners of the March 15 primary elections—state Sen. Buck Newton (R) and former state Sen. Josh Stein (D)—competed in the November 8 general election.
  • A Republican has not won election to the office of attorney general in North Carolina in over 100 years.
  • Stein won the general election on November 8, 2016.

  • Other races

    Indiana

    Missouri

    Montana

    Oregon

    Utah

    Vermont

    Washington

    West Virginia

    About the 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."[6][7]

    Attorneys general also play a pivotal role in shaping state and national policies. In particular, recent years have seen state attorneys general filing multi-state lawsuits that have significantly altered national policies and regulations in industries such as tobacco, pharmaceuticals, clean energy, and healthcare.[8] For example, since President Barack Obama's election in 2008, Republican attorneys general have used multi-state cases and coordinated litigation to attempt to block the Affordable Care Act and environmental mandates. Such cases also sometimes bring settlement money into state coffers.[8]

    Elected vs. appointed

    43 states directly elect Attorneys General. Others are appointed by either the governor, state legislature or state supreme court.

    Attorneys general are chosen in four different ways; they are either popularly elected or appointed by the governor, the state legislature, or the state supreme court. The office is elective in 43 states and chosen by a state government organ in seven.

    The attorney general is appointed by the governor in five states: Alaska, Hawaii, New Hampshire, New Jersey and Wyoming.

    In Maine, the attorney general is chosen by the state legislature, while in Tennessee the choice falls to the state supreme court.


    Quick facts about Attorneys General
    • Attorneys general are directly elected in 43 states. The remaining seven are appointed by the governor, the state legislature or the state supreme court.
    • Thirty states held regularly scheduled attorney general elections in the 2014 electoral cycle
    • In 2013 the annual salaries for state attorneys general ranged from $72,408 (Arkansas) to $176,988 (Tennessee).

    Past elections

    2015

    See also: State executive official elections, 2015

    Three states held elections for treasurer in 2015: Kentucky, Louisiana and Mississippi.


    Recent news

    The link below is to the most recent stories in a Google news search for the terms 'state attorney general election' OR 'attorney general election' 2016. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

    See also

    Attorney General State Executive Elections News and Analysis
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    External links

    Footnotes

    1. 1.0 1.1 Campbell, J. E. (1987) "The revised theory of surge and decline." American Journal of Political Science, 965-979.
    2. 2.0 2.1 Pew Research Center, “Voter turnout always drops off for midterm elections, but why?” July 24, 2014
    3. TIME, "Voter Turnout in Midterm Elections Hits 72-Year Low," November 10, 2014
    4. Oregon Secretary of State, "November 8, 2016, General Election Abstract of Votes," accessed May 25, 2017
    5. Washington Secretary of State, "Frequently Asked Questions on Voting by Mail," accessed August 2, 2016
    6. The National Association of Attorneys General, "Home," accessed March 26, 2013
    7. Council of State Governments, "The Book of States 2012," accessed October 17, 2012
    8. 8.0 8.1 Governing.com, "The Story Behind the Prominent Rise of State AGs," March 28, 2016
    9. Virginia State Board of Elections, " Election Results – General Election – November 5, 2013," accessed November 13, 2013 at 7:40 a.m. CT
    10. Washington Post, "Herring wins Virginia attorney general race, elections board announces," November 25, 2013
    11. USA Today, "Virginia attorney general race heads to recount," November 27, 2013
    12. Politico, "Mark Obenshain to request recount in Virginia attorney general race," November 26, 2013
    13. Politico, "Mark Obenshain to request recount in Virginia attorney general race," November 26, 2013
    14. Washington Post, Obenshain concedes Virginia attorney general’s race to Herring, December 18, 2013
    15. The Green Papers, "2010 Gubernatorial Primaries at a Glance"