Orrick’s 2022 State Attorney General Election Preview

Originally published February.02.2022
September.29.2022

It will be a busy election year in 2022 for state Attorneys General (AGs) with races in 31 of the 43 states with elected AGs, including the District of Columbia (which we count among the states in this report). The Orrick State Attorney General Team’s election preview provides a snapshot of the races in 2022, including the current slate of candidates.

Currently, there are 27 Republican AGs and 24 Democratic AGs. In 2022, elections will be held in 14 states with Republican AGs and 17 states with Democratic AGs. The following states will likely be “in play” (toss-up, lean Democratic, or lean Republican): Arizona, Georgia, Iowa, Michigan, Minnesota, Nevada, Texas, and Wisconsin. In those states, there are presently 5 Democratic AGs and 3 Republicans.

The Orrick State AG Team will provide timely election updates, including reports on key primary elections throughout the spring and summer. In the fall, we’ll provide a final pre-election update and after the November election, we’ll provide a post-election report and analysis.

Alabama

Attorney General Steve Marshall (R) was first appointed to this position in 2017 and was elected in 2018 with 58.8 percent of the vote. Attorney General Marshall is seeking reelection in 2022. Democratic candidate Wendell Major (former marine and career in Alabama law enforcement) is running against Steve Marshall in the general election. Alabama is traditionally a strong Republican state and will remain that way in 2022.

Arizona

Attorney General Mark Brnovich (R) is finishing his second term and is term limited under Arizona law. The open AG seat is garnering significant interest. Kris Mayes (former state Corporation Commission member) advanced as the Democratic candidate. Abraham Hamadeh (former deputy county prosecutor) advanced as the Republican candidate. Although Arizona leans Republican, Arizona will likely be in play in 2022 and is one of the AG races to watch.

Arkansas

Like Attorney General Brnovich, Attorney General Leslie Rutledge (R) is finishing her second term, is term limited, and is seeking another statewide office. General Rutledge is running for lieutenant governor. The primary election was held on May 24, 2022. Jesse Gibson (attorney and Little Rock Parks and Rec. Commission member) advanced as the Democratic candidate. Tim Griffin (Lt. Governor, former U.S. House member, former U.S. Attorney) is the Republican candidate. A Write-In, Gerhard Langguth, is an Independent candidate. Arkansas has become a more solid Republican state and will remain Republican in 2022.

California

Attorney General Rob Bonta (D) is up for election. Bonta was appointed by Gov. Gavin Newsom and was sworn in on April 23, 2021, after Attorney General Xavier Becerra was appointed as U.S. Secretary of Health and Human Services. The nonpartisan primary election was held on June 7, 2022. As a result, Rob Bonta is the Democratic candidate and Nathan Hochman (white-collar defense attorney and former Assistant U.S. Attorney) is the Republican candidate. California is traditionally a strong Democratic state and will remain so in 2022.

Colorado

Colorado Attorney General Phil Weiser (D) was first elected in 2018 with 51.6 percent of the vote. The June 28 Republican primary advanced John Kellner (District Attorney for Colorado’s 18th Judicial District, Marine Corps Veteran). The Democrat primary election on June 28 advanced Phil Weiser. In addition to Kellner (R) and Weiser (D), William Robinson (attorney) will be running for the Libertarian party. As a traditional swing-state, Colorado will likely be in play in 2022 and is an AG race to watch.

Connecticut

Attorney General William Tong (D) was first elected in 2018 with 52.5 percent of the vote and is running for reelection. William Tong advanced as the Democrat candidate and Jessica Kordas (criminal defense attorney) advanced as the Republican candidate. Connecticut is traditionally a strong Democratic state and will remain so in 2022.

Delaware

Attorney General Kathy Jennings (D) was first elected in 2018 with 61.3 percent of the vote and is running for reelection. General Jennings is the Democratic candidate and Julianne Murray is the Republican candidate. Delaware is a strong Democratic state and will remain so in 2022.

Florida

Attorney General Ashley Moody (R) was first elected in 2018 with 52.1 percent of the vote and is running for reelection as the Republican candidate. Aramis Ayala (civil rights attorney and former Florida State Attorney) advanced as the Democratic candidate. Florida has become a stronger Republican state and will likely remain that way in 2022.

Georgia

Attorney General Chris Carr (R) was first elected in 2018 with 51.3 percent of the vote. General Carr advanced from the Republican primary election on May 24, defeating Trump-backed Republican candidate John Gordon, 74% to 26%. General Carr will face Democratic opponent Jen Jordan (State Senator) and Libertarian candidate Martin Cowen during general election. Georgia traditionally has leaned Republican, but has recently become more of a toss-up state. Georgia will be one of the key states to watch in 2022.

Idaho

Former Republican U.S. Representative Raúl Labrador defeated Attorney General Lawrence Wasden (R) in the primary election on May 17. General Wasden was first elected in 2002. Steven Scanlin was the Democratic candidate until announcing his withdrawal on July 18. Tom Arkoosh (attorney) announced his candidacy on July 26 and is the new Democratic nominee. Idaho is a strong Republican state; therefore, Raúl Labrador will likely be the next attorney general.

Illinois

Attorney General Kwame Raoul (D) was first elected in 2018 with 54.7 percent of the vote and has advanced as the Democratic candidate. Raoul will run against Republican candidate Thomas DeVore (attorney) in the general election on November 8, 2022. Illinois is a strong Democratic state and will likely remain that way in 2022.

Iowa

Attorney General Tom Miller (D) was first elected in 1978 and was re-elected in 2018 with 76.5 percent of the vote, up from 56.1 percent in 2014. General Miller is the longest-serving state AG in the United States and is the Democratic candidate. He will face Brenna Bird (County Attorney) as the Republican candidate during general election. Iowa is becoming a stronger Republican state, but AG Tom Miller has held his office as a Democrat despite the rise of the Republican Party in that state.

Kansas

Attorney General Derek Schmidt (R) was first elected in 2010 and is not seeking reelection in 2022, running for governor instead. Chris Mann (former deputy county prosecutor and police officer) is the Democratic candidate. Kris Kobach (former Secretary of State) is the Republican candidate. Despite Kansas electing a Democrat Governor in 2018, Kansas is traditionally a strong Republican state and will likely remain that way in 2022.

Maryland

Attorney General Brian Frosh (D) was first elected in 2014 and is not seeking reelection in 2022. The primaries were held on July 19. The Democratic primary advanced Anthony G. Brown (U.S. Representative and former Lt. Governor). The Republican primary advanced Michael Anthony Peroutka (attorney and former County Councilman).

Massachusetts

Attorney General Maura Healey (D), first elected in 2014, is not seeking reelection. She has announced that she is running for governor. The Democratic primary advanced Andrea Campbell and will face Jay McMahon, who advanced in the Republican primary. Massachusetts is a strong Democratic state and will likely remain that way in 2022.

Michigan

Attorney General Dana Nessel (D) was first elected in 2018 with 49 percent of the vote and is running for a second and final term in 2022. The Republican primary advanced attorney Matthew DePorno, a Donald Trump-backed candidate. The Libertarian convention was held on July 10, advancing Joe McHugh. Michigan has for several election cycles been a toss-up state and will be one of the key battleground states in 2022.

Minnesota

Attorney General Keith Ellison (D) was first elected in 2018 with 49 percent of the vote and is running for reelection in 2022. Currently, there are three Republican candidates. The Republican primary advanced business attorney Jim Schultz. Although Minnesota traditionally leans Democratic, General Ellison won in 2018 with only 49 percent of the state. Minnesota is one of the key states to watch in 2022.

Nebraska

Attorney General Doug Peterson (R) was first elected in 2014 and is not seeking reelection in 2022. Mike Hilgers (State legislator) advanced from the Republican primary election on May 10. Larry Bolinger advanced as a Legal Marijuana Now Party candidate. Currently, there are no Democratic candidates. Nebraska is strong Republican state and will remain that way after the general election.

Nevada

Attorney General Aaron Ford (D) was first elected in 2018 with 47.2 percent of the vote and advanced as the Democratic candidate. Sigal Chattah (attorney) advanced from the June 14 Republican primary. John T. Kennedy is the Libertarian candidate. Nevada is typically a toss-up state and could be a key state to watch during the general election.

New Mexico

Attorney General Hector Balderas (D) was first elected in 2014 and is term limited. Raul Torrez (County District Attorney) won the Democratic primary on June 7. Jeremy Gay (Marine Corps veteran) advanced as the Republican candidate. New Mexico has traditionally been a strong Democratic state and will likely remain that way after the general election.

New York

Attorney General Letitia James (D) was first elected in 2018 with 62.4 percent of the vote and advanced as the Democratic candidate. The Republican candidate is Michael Henry (attorney). Sean Hayes (attorney and former businessman) is the Libertarian candidate. New York is traditionally a strong Democratic state and will likely remain that way in 2022.

North Dakota

Former U.S. Attorney and Lieutenant Governor Drew Wrigley (R) was nominated by Gov. Burgum and sworn in on February 9 to serve out the remainder of Attorney General Wayne Stenehjem’s term. General Stenehjem was first elected in 2000 and unexpectedly passed away on January 28th. AG Wrigley will seek election to a full term this November 8 and has advanced from the Republican primary on June 14. Timothy Lamb (attorney) advanced from the Democratic primary. North Dakota is traditionally a strong Republican state and will likely remain that way after the general election.

Ohio

Attorney General Dave Yost (R) was first elected in 2018 with 52.2 percent of the vote and advanced from the Republican primary on May 3. Jeff Crossman (attorney and City Councilman) advanced from the Democratic primary. Ohio has leaned Republican in recent years and will likely continue to trend that way for the general election.

Oklahoma

Attorney General John O’Connor (R) was appointed by Governor Kevin Stitt on July 23, 2021, after former Attorney General Mike Hunter resigned during his first term. General O’Connor lost the Republican primary to Gentner Drummond (attorney and decorated Air Force Capt. veteran; ran for AG in 2018, narrowly losing to Mr. Hunter). Lynda Steele (Oklahoma Army National Guard veteran) advanced from the Libertarian primary. There are no Democratic candidates. Oklahoma is traditionally a strong Republican state and will remain so after the general election.

Rhode Island

Attorney General Peter Neronha (D) was first elected in 2018 with 79.8 percent of the vote and is running for reelection in 2022. Charles Calenda (trial attorney and former Special Assistant AG) advanced from the Republican primary election on September 13. Rhode Island is traditionally a strong Democratic state and will likely remain so in 2022.

South Carolina

Attorney General Alan Wilson (R) was first elected in 2010 and is running for reelection in 2022. General Wilson advanced from the Republican primary on June 14. There are no Democratic candidates. South Carolina is traditionally a strong Republican state and will remain that way in 2022.

South Dakota

Attorney General Jason Ravnsborg (R) was first elected in 2018 with 55.2 percent of the vote and was seeking reelection when he was impeached and removed from office on June 21. On June 28, 2022, Gov. Kristi Noem appointed Mark Vargo (former Pennington County state’s attorney) to serve out the remainder of the term. Marty J. Jackley (former attorney general and U.S. Attorney) advanced from the Republican convention on June 25. There are no Democratic candidates. South Dakota is a strong Republican state and will remain so in 2022.

Texas

Attorney General Ken Paxton (R) was first elected in 2014 and is seeking reelection in 2022. On March 1, 2022, Texas held its primary election and the top two candidates for each party advanced to a runoff election on May 24. Rochelle Garza (civil rights attorney) advanced from the Democratic primary runoff and General Paxton advanced from the Republican primary runoff. Mark Ash will also be running in the general election as the Libertarian candidate.

Vermont

Attorney General T.J. Donovan (D) was first elected in 2016 and is not seeking reelection in 2022 (attorneys general are elected every two years in Vermont). On June 20, 2022, Donovan stepped down as Attorney General. Susanne R. Young was appointed as the Attorney General to fill out the remainder of the term. Charity Clark (former Chief of Staff to AG Donovan) is the Democratic candidate. H. Brooke Paige is the Republican candidate. Vermont is a strong Democratic state and will likely remain that way in 2022.

Wisconsin

Attorney General Josh Kaul (D) was first elected in 2018 with 49.4 percent of the vote and is seeking reelection in 2022. Republican candidate Eric Toney (County District Attorney) is running against Josh Kaul. Wisconsin, traditionally a toss-up state, will be one of the key states to watch in 2022.

Washington, D.C.

Attorney General Karl Racine (D) was first elected in 2014 and is not seeking reelection. Brian Schwalb (trial attorney) advanced from the June 21 Democratic primary. There are no other candidates. Washington, D.C. is a strong Democratic jurisdiction and will remain that way in 2022.

Authors

Rob McKenna Partner, Cyber, Privacy & Data Innovation, State Attorneys General Investigations & Enforcement

Seattle; Washington, D.C.

See my bio

D:+1 206 839 4415
E: [email protected]

Practice:

Technology & Innovation Sector
Cyber, Privacy & Data Innovation
State Attorneys General Investigations & Enforcement
Strategic Advisory & Government Enforcement (SAGE)

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See full bio

Rob McKenna Partner

Seattle; Washington, D.C.

A former Washington State Attorney General and President of the National Association of Attorneys General, Rob is accomplished in all areas of public policy, appellate law and investigations. He is a Chambers USA Band 1 Partner in Government Relations: State Attorneys General.

Rob represents a wide range of technology, energy, finance and other companies in matters involving cyber security, data privacy, litigation, appellate litigation, regulatory proceedings, state attorney general investigations and legislative issues. His experience, stature and proficiency add essential capabilities for clients seeking coordinated policy advocacy, regulatory compliance and litigation strategies in state capitols across the country and in Washington, D.C., where he has testified before Congress and assisted clients who have been called to testify before Congressional committees. While at Orrick, Rob has represented clients in both state and federal court, typically in cases centered on constitutional questions.

Rob served two terms as Attorney General of Washington, from 2005 to 2013. He successfully argued three cases before the U.S. Supreme Court and helped negotiate three of the largest consumer protection settlements in national history, all involving mortgage lending and servicing. He is a recognized leader in the development of data protection and privacy regulation. Rob was the first state Attorney General to build a computer forensics lab to collect evidence of Internet fraud and passed one of the nation's first anti-spyware laws.

Rob served as President of the National Association of Attorneys General (NAAG) from 2011–12 where he co-launched the NAAG Intellectual Property Task Force to advance the national fight against counterfeiting and piracy. While serving as NAAG President, he created and led a national initiative to combat human trafficking which continues to this day. The NAAG human trafficking summit he hosted in Seattle in 2012 led AGs to launch state-level initiatives around the country. His fellow attorneys general honored him in 2011 with the Kelley-Wyman Award for “Outstanding Attorney General” in America.

Andrew Cook Partner, State Attorneys General Investigations & Enforcement, Strategic Advisory & Government Enforcement (SAGE)

Washington, D.C.; Seattle

See my bio

D:+1 202 339 8597
E: [email protected]

Practice:

State Attorneys General Investigations & Enforcement
Strategic Advisory & Government Enforcement (SAGE)

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See full bio

Andrew Cook Partner

Washington, D.C.; Seattle

Andy combines his legal expertise in numerous areas of law covered by state Attorneys General, an understanding of how state AG offices operate, and vast knowledge of legal and regulatory issues facing his clients. This substantive and comprehensive legal approach is crucial to effectively representing clients before state Attorneys General. Andy also has substantial experience drafting and enacting complex civil liability reforms before state legislatures to successfully address client goals.

Andy’s main practice focuses on advising Fortune 500 companies before state Attorneys General in the areas of antitrust, consumer protection, False Claims Act, environmental law, and cybersecurity and data privacy. Andy, in collaboration with a team of attorneys, successfully navigated a client through antitrust regulatory review by state Attorneys General in one of the nation’s largest mergers of two major telecommunication companies. Andy also worked with a team of lawyers representing a large corporation involving the multistate opioids litigation brought by state Attorneys General.

Andy gained valuable experience serving as Deputy Attorney General for the State of Wisconsin where he was the second in command of the 700-plus state agency. In his role as Chief Deputy Attorney General, Andy oversaw the day-to-day operations at the Wisconsin Department of Justice (DOJ); directed the State’s litigation strategy; negotiated, reviewed, and approved all settlements; drafted and reviewed attorney general opinions; managed the agency’s budget; oversaw civil and criminal investigations handled by DOJ; and managed DOJ’s legislative agenda.

Andy played college hockey and remains active by running, cross country skiing, and playing golf. On the weekends, Andy and his wife enjoy watching their kids’ sporting events, including soccer, baseball, gymnastics, and track. In his rare spare time, Andy reads history books.

Brian T. Moran Partner, State Attorneys General Investigations & Enforcement, White Collar, Investigations, Securities Litigation & Compliance

Seattle

See my bio

D:+1 206 839 4419
E: [email protected]

Practice:

State Attorneys General Investigations & Enforcement
White Collar, Investigations, Securities Litigation & Compliance
Strategic Advisory & Government Enforcement (SAGE)

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See full bio

Brian T. Moran Partner

Seattle

As the U.S. Attorney in Seattle, Brian led the first U.S. attorney’s office in the country to confront the challenges of the Covid-19 crisis. He led the office’s response to unprecedented civil unrest, and prosecuted an array of crimes ranging from hate crimes perpetrated by neo-Nazis to sophisticated data breaches by cyber criminals, and he pursued drug and human traffickers. He served on the Native American Issues (subcommittee), and the Border States and marijuana enforcement U.S. Attorney Work Groups. Brian earned wide bipartisan support for his leadership and was recently selected to serve on the Western District of Washington’s federal judicial selection committee.

During his 15 years serving in the office of the Washington State Attorney General, including as the Chief Deputy Attorney General, Brian was the top legal advisor to the Attorney General and had a significant role in the office’s legal strategy and policy initiatives, including matters related to consumer protection, data breaches, unfair competition, and public records. He frequently worked with the state legislature and state agencies to draft, implement, or amend state law in important areas such as consumer protection, the powers and duties of the Attorney General, public records, tort liability, public safety, and criminal law.

Brian has conducted numerous high-profile investigations for government agencies. In private practice, he has represented Fortune 100 companies, financial institutions, and tech innovators under investigation by state Attorneys General and other regulatory bodies.

Prior to his Chief Deputy appointment, Brian served as the Attorney General’s chief criminal prosecutor and as a Senior Deputy Prosecutor with the Office of the Kitsap County Prosecuting Attorney. His extensive trial and litigation experience includes white collar fraud, public corruption, environmental, and criminal and civil matters. Brian has tried over 100 cases through verdict, including 35 homicides and three death penalty cases.