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."[1][2]
Political parties
The chart below is a breakdown of the political parties pertaining to the state executive office of attorney general.[3] For other state executive offices, click here.
| Office |  Democratic
|
 Republican
|
 Independent
|
Nonpartisan | Vacant | Total seats |
|---|---|---|---|---|---|---|
| Attorney General | 22 | 27 | 0 | 1 | 0 | 50 |
| Counts current as of April 2024. If you see an error, please email us. | ||||||
Current officeholders
List of Current Attorneys General
List of All Current State Attorneys General in the United States:
Comparison across states
Although Ballotpedia covers Washington, D.C., and the five U.S. territories and their officeholders, D.C. and territory officeholders are not included in the following figures.
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.[4]
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.[4]
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.[4]
Term limits
A total of 17 states impose some form of term limits on attorneys general.
Historical elections
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 grew its majority control of elected attorney general offices, although the difference between the two parties was three or fewer from 2019 to 2023.
Election history
2024
- See also: Attorney General elections, 2024
Ten states are holding elections for attorney general in 2024:
2023
- See also: Attorney General elections, 2023
Three states held elections for attorney general in 2023:
2022
- See also: Attorney General elections, 2022
Thirty states held elections for attorney general in 2022:
2021
- See also: Attorney General elections, 2021
One state held elections for attorney general in 2021:
2020
- See also: Attorney General elections, 2020
Ten states held elections for attorney general in 2020:
2019
- See also: Attorney General elections, 2019
Three states held elections for attorney general in 2019:
2018
- See also: Attorney General elections, 2018
Thirty states held elections for attorney general in 2018:
2017
One state held an election for attorney general in 2017:
2016
- See also: Attorney General elections, 2016
Ten states held elections for attorney general in 2016:
2015
- See also: Attorney General elections, 2015
Three states held elections for attorney general in 2015: Kentucky, Louisiana and Mississippi. In Kentucky, Andy Beshear (D) won election to the attorney general seat. Democrat Jim Hood was re-elected in Mississippi, while Republican Jeff Landry defeated incumbent Buddy Caldwell, also a Republican, in a runoff in Louisiana.
2014
- Main article: Attorney General elections, 2014
Thirty states held regularly scheduled attorney general elections in the 2014 electoral cycle:
Utah also held a special election to fill the remaining two years of John Swallow's term.
2013
- Main article: State executive official elections, 2013
One state, Virginia, held a regularly scheduled attorney general election in 2013. State Senators Mark Herring (D) and Mark Obenshain (R) faced off in the general election on November 5, 2013, and the race was considered too close to call until the State Board of Elections certified the results of the race on November 25, 2013, naming Herring the victor by a margin of 165 votes.[5][6] Since the margin was equal to or less than 0.5 percent of the total vote, Obenshain, as the losing candidate, was entitled to request a publicly financed recount, which he did on November 27.[7][8] The recount began on December 26, and Obenshain conceded to Herring two days later, giving a Democrat control of the office for the first time in almost two decades.[9][10]
2012
Ten states held attorney general elections in the 2012 electoral cycle: Indiana, Missouri, Montana, North Carolina, Oregon, Pennsylvania, Utah, Vermont, Washington and West Virginia.
Heading into the November election, the Democrats held six of the seats and the Republicans held four seats. Five incumbents sought, and won, re-election, and the status breakdown of the remaining seats was as follows:
- Two—Montana AG Steve Bullock (D) and Washington AG Rob McKenna (R)—ran for the governorship in their respective states in 2012.
- One—Utah AG Mark Shurtleff (R)—retired from office.
- One—2011 appointee Pennsylvania AG Linda Kelly (R)—did not run for election due to the terms of her Senate confirmation.
- One—Oregon AG John Kroger (D)—resigned six months ahead of schedule to take a new job as president of Reed College in Portland. Gov. John Kitzhaber appointed Ellen Rosenblum, who was running for 2012 election to the attorney general post at the time, to serve as interim attorney general for the remainder of his unexpired term. Rosenblum was elected to a full term in the general election on November 6, 2012.
Democrats won six of the 2012 races while Republicans took four, thus the partisan balance remained unchanged.
2011
- Main article: Attorney General elections, 2011
Three states, Kentucky, Louisiana and Mississippi, had regularly scheduled attorney general elections in the 2011 electoral cycle.
Incumbents were re-elected in all three states. Democratic incumbents Jack Conway (KY) and Jim Hood (MS) successfully defended their posts against Republican challengers Todd P’Pool and Steve Simpson, respectively. The Attorney General of Louisiana election was decided even before the October 22, 2011, primary election. Incumbent Republican Buddy Caldwell was unopposed in the race after his sole challenger, former U.S. Representative Joseph Cao, withdrew from the race in late September 2011, and the office of attorney general did not appear on the ballot.[11]
2010
- Main article: Attorney General elections, 2010
Thirty attorney general elections were held on November 2, 2010. Of the 30 seats that were up for election, 20 were held by a Democrat and 10 by a Republican. Of those 30 races, 16 were won by Republicans and 14 by Democrats—a net gain of six by Republicans over their pre-election total.
| Partisan breakdown of State Attorneys General | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Party | Before November 2010 election | After November 2010 election | |||||||
| With 2010 elections | Unelected AGs | Total AGs | Post 2010 elections | Unelected AGs | Total AGs | Gain/loss legislators | |||
| 20 | 12 | 32 | 14 | 12 | 26 | -6 | |||
| 10 | 8 | 18 | 16 | 8 | 24 | +6 | |||
See also
- National Association of Attorneys General
- Democratic Attorneys General Association
- Republican Attorneys General Association
- State executive offices
- State executive official elections, 2022
- State executive official elections, 2023
- State executive official elections, 2024
- Attorney General elections, 2022
- Attorney General elections, 2023
- Attorney General elections, 2024
External links
Footnotes
- ↑ The National Association of Attorneys General, "Home," accessed March 26, 2013
- ↑ Council of State Governments, "The Book of States 2012," accessed October 17, 2012
- ↑ Although Ballotpedia covers Washington, D.C., and the five U.S. territories and their officeholders, D.C. and territory officeholders are not included in the following figures.
- ↑ 4.0 4.1 4.2 Council of State Governments, "Book of the States 2017 - Attorneys General: Prosecutorial and Advisory Duties," accessed December 3, 2017
- ↑ Virginia State Board of Elections, " Election Results – General Election – November 5, 2013," accessed November 13, 2013 at 7:40 a.m. CT
- ↑ Washington Post, "Herring wins Virginia attorney general race, elections board announces," November 25, 2013
- ↑ USA Today, "Virginia attorney general race heads to recount," November 27, 2013
- ↑ Politico, "Mark Obenshain to request recount in Virginia attorney general race," November 26, 2013
- ↑ Politico, "Mark Obenshain to request recount in Virginia attorney general race," November 26, 2013
- ↑ Washington Post, Obenshain concedes Virginia attorney general’s race to Herring, December 18, 2013
- ↑ The Green Papers, "2010 Gubernatorial Primaries at a Glance"
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