Orrick’s 2022 State Attorney General Election Report

9 minute read
January.09.2023

It was a busy 2022 election year for state Attorneys General (AGs) with races in 31 of the 43 states with elected AGs, including the District of Columbia. The Orrick State Attorney General Team’s election results report provides a readout from the races in 2022, including the more competitive races (see elections preview report from September).

Leading up to the election, there were 27 Republican AGs and 24 Democratic AGs. This year, we witnessed elections in 14 states with Republican AGs and 17 states with Democratic AGs, a combined total of 31 states. As previously reported, the states that were “in play” (toss-up, lean Democratic, or lean Republican) included: Arizona, Colorado, Georgia, Iowa, Michigan, Minnesota, Nevada, Texas, and Wisconsin. Those 9 states had 6 Democratic and 3 Republican AGs among them. The only race which flipped control of an AG office was in Iowa, where Republican Brenna Bird defeated incumbent Democrat Tom Miller. The race in Arizona – where Republican AG Brnovich was term limited -- headed to an automatic recount. On December 29, 2022, Judge Timothy Thomason confirmed that Democrat Kris Mayes won the race by a 280-vote margin.

In January 2023, 17 Democratic AGs and 14 Republican AGs have been or will be sworn in. This includes new AGs in Missouri and Hawaii and an acting Attorney General in Pennsylvania, where AG Shapiro was elected Governor. First Deputy Michelle Henry will begin serving as acting Attorney General on January 17, when Gov. Shapiro is sworn in. In Missouri, AG Schmitt was elected to the U.S. Senate, and Gov. Parson has nominated Andrew Bailey to fill the AG seat. Bailey was officially confirmed and sworn in as Missouri’s 44th attorney general on January 3. Lastly, in Hawaii, Governor Green announced that health care executive Anne Lopez will succeed appointed AG Holly Shikada whose term expired in December 2022.

Following the outcome in Arizona and as a result of Pennsylvania’s First Deputy (a former Republican county district attorney) becoming the acting AG there, there will be 28 Republican AGs and 23 Democratic AGs (including Washington, D.C.) in 2023.

attorney general control map 2022

Alabama

Attorney General Steve Marshall (R), who was first appointed to this position in 2017 and was elected in 2018, beat Democratic candidate Wendell Major (a former U.S. Marine and career law enforcement officer).

Arizona

The AG race in Arizona headed to an automatic recount because former Maricopa County prosecutor Abraham Hamadeh (R) trailed Kris Mayes (D) by just 510 votes, or less than 0.03 percent. On December 29, 2022, Judge Timothy Thomason confirmed that Kris Mayes won the race for attorney general by a 280-vote margin. Outgoing two-term Attorney General Mark Brnovich (R) was term limited. Arizona’s AG race was one of the key races to watch in 2022.

Arkansas

Lieutenant Governor Tim Griffin (R), who is also a former U.S. House Member and U.S. Attorney, defeated attorney and Little Rock Parks and Recreation Commission member Jesse Gibson (D) and write-in candidate Gerhard Langguth. Outgoing two-term Attorney General Leslie Rutledge (R) is term limited and was elected Lieutenant Governor this election cycle.

California

First-term Attorney General Rob Bonta (D) defeated white-collar attorney and former Assistant U.S. Attorney Nathan Hochman (R).

Colorado

First-term Attorney General Phil Weiser (D) defeated District Attorney John Kellner (R) and attorney William Robinson (L). Formerly a swing-state, Colorado’s AG and gubernatorial races were won by Democrats once again, cementing its blue state status.

Connecticut

First-term Attorney General William Tong (D) defeated criminal defense attorney Jessica Kordas (R).

Delaware

First-term Attorney General Kathy Jennings (D) defeated Julianne Murray (R).

Florida

First-term Attorney General Ashley Moody (R) defeated civil rights attorney and former Florida State Attorney Aramis Ayala (D).

Georgia

First-term Attorney General Chris Carr (R) defeated State Senator Jen Jordan (D) and Martin Cowen (L). General Carr fended off a primary challenge after defeating Trump-backed Republican candidate John Gordon by 3-1. Georgia traditionally has leaned Republican but has recently become more of a toss-up state. Georgia’s AG race was one of the key races to watch in 2022.

Hawaii

On December 2, 2022, Governor Josh Green nominated health care executive Anne Lopez (D) as Hawaii’s next attorney general. Ms. Lopez succeeds AG Holly Shikada whose term expired in December 2022.

Idaho

Former U.S. Representative Raúl Labrador (R) defeated attorney Tom Arkoosh (D). Earlier this year, Labrador defeated five-term Attorney General Lawrence Wasden in the Republican primary.

Illinois

First-term Attorney General Kwame Raoul (D) defeated attorney Thomas DeVore (R).

Iowa

Guthrie County Attorney Brenna Bird (R) defeated Attorney General Tom Miller (D). General Miller, who was first elected in 1978, is the longest serving Attorney General in U.S. history.

Kansas

Former Secretary of State Kris Kobach (R) defeated former Wyandotte County District Deputy Attorney and police officer Chris Mann (D). Outgoing Attorney General Derek Schmidt (R) opted to run for Governor and lost to incumbent Governor Laura Kelly (D).

Maryland

Former U.S. Representative and Lieutenant Governor Anthony G. Brown (D) defeated attorney and former Anne Arundel County Councilman Michael Anthony Peroutka (R). Outgoing Attorney General Brian Frosh (D) was first elected in 2014 and decided not to seek re-election in 2022.

Massachusetts

Boston City Councilor Andrea Campbell (D) defeated defense attorney and former military police officer Jay McMahon (R). Outgoing Attorney General Maura Healey (D), who was first elected in 2014, instead ran and won her bid for Governor this year.

Michigan

First-term Attorney General Dana Nessel (D) defeated attorney Matthew DePorno (R) and Joe McHugh (L). Michigan has for several election cycles been a toss-up state and the AG race was one of the key races to watch in 2022.

Minnesota

First-term Attorney General Keith Ellison (D) has been declared the winner over business attorney Jim Schultz (R). Although Minnesota traditionally leans Democratic, it has seen legislative chambers and statewide seats flip in midterm elections. This year, however, the Democrats maintained their majority in the State House and flipped the State Senate. Minnesota’s AG race was one of the key races to watch in 2022, and the margin is less than one percent with over 95% of votes counted.

Missouri

On November 23, 2022, Governor Parson announced that he is appointing his general counsel, Andrew Bailey, to become Missouri’s next Attorney General. Mr. Bailey officially took office on January 3, 2023 and will serve out the remaining two years of Attorney General Eric Schmitt’s term. General Schmitt was elected to the U.S. Senate in this past election cycle. Mr. Bailey has already indicated that he plans to run for a full four-year term in 2024.

Nebraska

State House Speaker Mike Hilgers (R) defeated Legal Marijuana Now Party candidate, Larry Bolinger (a Democratic candidate did not run for the seat). Outgoing two-term Attorney General Doug Peterson (R) did not seek re-election in 2022.

Nevada

First-term Attorney General Aaron Ford (D) defeated attorney Sigal Chattah (R) and John T. Kennedy (L). Nevada is typically a toss-up state and the AG race was one of the key races to watch in 2022.

New Mexico

Bernalillo County District Attorney Raul Torrez (D) defeated Marine Corps veteran Jeremy Gay (R). Outgoing two-term Attorney General Hector Balderas (D) was term limited.

New York

First-term Attorney General Letitia James (D) defeated attorney Michael Henry (R) and attorney and former businessman Sean Hayes (L).

North Dakota

Interim Attorney General Drew Wrigley (R), a former U.S. Attorney and Lieutenant Governor, defeated attorney Timothy Lamb (D). Wrigley was nominated by Governor Burgum to serve out the remainder of the term of Attorney General Wayne Stenehjem (R), who unexpectedly passed away at the beginning of 2022.

Ohio

First-term Attorney General Dave Yost (R) defeated State House Representative Jeff Crossman (D).

Oklahoma

Attorney and decorated Air Force Captain Gentner Drummond (R) defeated Army National Guard veteran Lynda Steele (L). Drummond successfully challenged outgoing Attorney General John O’Connor in the Republican primary. AG O’Connor was appointed by Governor Kevin Stitt in 2021, after former Attorney General Mike Hunter (R) resigned during his first term.

Pennsylvania

Pennsylvania AG Shapiro was elected Governor in November and, under the Commonwealth Attorneys Act, First Deputy Michelle Henry will begin serving as Attorney General on January 17, 2023, when Gov. Shapiro is sworn in; if she is nominated by Governor Shapiro to complete the remaining two years of his term, Ms. Henry would have to be confirmed by a two-thirds vote of the Republican-controlled State Senate. That seems possible, as Ms. Henry was a Republican county district attorney before being appointed First Deputy Attorney General by AG Shapiro. However, she could also serve out the remaining two years as acting Attorney General if she is not nominated and confirmed. Either way, a Pennsylvania attorney general who is completing a predecessor’s term traditionally does not seek election, so there would be an open race for the office in 2024.

Rhode Island

First-term Attorney General Peter Neronha (D) defeated trial attorney and former Special Assistant Attorney General Charles Calenda (R).

South Carolina

Third-term Attorney General Alan Wilson (R) won after running unopposed in the general election.

South Dakota

Former Attorney General and U.S. Attorney Marty J. Jackley (R) won after running unopposed in the general election. Outgoing Attorney General Mark Vargo (R) served out the remainder of the term of Attorney General Jason Ravnsborg (R), who was impeached and removed from office on June 21, 2022.

Texas

Two-term Attorney General Ken Paxton (R) defeated civil rights attorney Rochelle Garza (D) and Mark Ash (L).

Vermont

Charity Clark (D) defeated H. Brooke Paige (R). Clark served as Chief of Staff to former Attorney General T.J. Donovan (D), who stepped down on June 20, 2022, to pursue an opportunity in the private sector. Outgoing Attorney General Susanne R. Young (R) was appointed to complete the remainder of General Donovan’s term and did not seek election to the office.

Wisconsin

First-term Attorney General Josh Kaul (D) defeated Fond du Lac County District Attorney Eric Toney (R). Wisconsin is traditionally a toss-up state, and the AG race was one of the key races to watch in 2022.

Washington, D.C.

Brian Schwalb (D), partner-in-charge of Venable’s Washington, D.C. office won after running unopposed in the general election. Outgoing two-term Attorney General Karl Racine (D) did not seek re-election.

Authors

Rob McKenna パートナー, Cyber, Privacy & Data Innovation, State Attorneys General Investigations & Enforcement

シアトル; Washington DC

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 and Government Enforcement

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Rob McKenna パートナー

シアトル; Washington DC

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.

Brian T. Moran パートナー, State Attorneys General Investigations & Enforcement, White Collar, Investigations, Securities Litigation & Compliance

シアトル

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 and Government Enforcement

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See full bio

Brian T. Moran パートナー

シアトル

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.

Andrew Cook パートナー, State Attorneys General Investigations & Enforcement, Strategic Advisory and Government Enforcement

Washington DC; シアトル

See my bio

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

Practice:

State Attorneys General Investigations & Enforcement
Strategic Advisory and Government Enforcement

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See full bio

Andrew Cook パートナー

Washington DC; シアトル

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.