The 2024 Elections for State Attorneys General: A Preview

4 minute read | August.27.2024

Voters will choose a state Attorney General in 10 states this fall, with the most competitive races likely in North Carolina and Pennsylvania.

Nationwide, 27 Republicans and 24 Democrats serve as Attorney General, including one in Washington, D.C. Elections for Attorney General happen this fall in five states with a Republican AGs and five with a Democratic Attorney General.

Here's a look at those 10 races – and our forecast of the most likely outcome.

Toss-up States

North Carolina – Open

Attorney General Josh Stein (D) is running for governor. Two members of Congress are competing to succeed him: Rep. Jeff Jackson (D) , and Rep. Dan Bishop (R). North Carolinians have not elected a Republican Attorney General since 1897 (James H. Carson, a Republican who served from 1974 to 1975, was appointed.) While Democrats have historically held the position, North Carolina is in play in 2024, making this one of the AG races to watch.

Pennsylvania – Open

Attorney General Michelle Henry (D) was appointed by Governor Josh Shapiro to fill the vacancy created when Shapiro became governor. Henry is not seeking election. Eugene DePasquale (D), former state representative and Auditor General, faces Dave Sunday (R), the York County District Attorney. The Pennsylvania Attorney General's office has been under Democratic control since 2013, except for a brief period in 2016. Pennsylvania is one of the key states to watch in 2024.

States that Favor the Democratic Candidate

Oregon – Open

Attorney General Ellen Rosenblum (D) is retiring at the end of her third term. Dan Rayfield (D), a state representative and former state House speaker, and Will Lathrop (R), a former prosecutor and international human rights worker, will face off. Democrats have held the Oregon Attorney General's office for several decades, with Rosenblum serving since 2012. Oregon is a strong Democratic state and is likely to remain that way in 2024.

Vermont – Incumbent

Attorney General Charity R. Clark (D) was first elected in 2022 with 65% of the vote to become the first woman elected Attorney General of Vermont. In seeking re-election, Clark faces H. Brooke Paige (R), a newsstand owner and perennial candidate. Traditionally, the Democratic Party has controlled the Vermont Attorney General’s Office. Clark is a heavy favorite.

Washington – Open

Now in his third term as Attorney General, Bob Ferguson (D) is running for governor. The candidates for Attorney General are Nick Brown (D), a former U.S. Attorney for Western Washington, and Pete Serrano (R), the mayor of Pasco and a former environmental attorney for the U.S. Department of Energy. Over the past 56 years, three Republicans and two Democrats have served as Washington Attorney General. Washington has trended Democratic in recent years, a pattern that favors Brown.

States that Favor the Republican Candidate

Indiana – Incumbent

Attorney General Todd Rokita (R) was first elected Attorney General in 2020 with 58% of the vote. Rokita is seeking a second term. Democratic challenger Destiny Wells, a U.S. Army Reserve Lieutenant Colonel and former Indiana Deputy Attorney General, will face Rokita in the general election. Indiana is traditionally a strong Republican state and is expected to remain so in 2024.

Missouri – Incumbent

Attorney General Andrew Bailey (R) was appointed by Governor Mike Parson in January 2023 after Attorney General Eric Schmitt was elected to the U.S. Senate. Bailey is seeking to win his first general election. In the Republican primary, Bailey defeated Will Scharf, 63% to 37%. Bailey will face Democratic candidate Elad Gross, a civil rights attorney. Missouri has become more solidly Republican and is expected to remain that way in 2024.

Montana – Incumbent

Attorney General Austin Knudsen (R) was first elected Attorney General of Montana in 2020 with 82% of the vote. Seeking a second term, Knudsen faces Democratic challenger Ben Alke, an attorney with a background in business law and public lands. Montana has become more solidly Republican and will likely remain so in 2024.

Utah – Open

Attorney General Sean Reyes (R) has been in office since 2013 and is not seeking re-election. Utah will choose this fall between criminal defense attorney Rudy Bautista (D) and former U.S. Rep. Derek Brown (R). Utah is a solidly Republican state and is expected to remain so this year.

West Virginia – Open

West Virginia Attorney General Patrick Morrisey (R) is running for governor. The general election candidates for Attorney General are State Auditor J. B. McCuskey (R) and Teresa Toriseva (D), an attorney from Wheeling. Morrisey, the first Republican to win and hold the office since 1933, won re-election in 2020 with nearly 64% of the vote. West Virginia has become a strong Republican state and is expected to remain so in 2024.

Stay tuned after the November election for predictions from our State Attorney General Team on potential policy changes and areas of enforcement emphasis based on the voting outcome. We also will advise clients on how to prepare for a change in administration in states that elect a new Attorney General.

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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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.

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

Seattle

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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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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.

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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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.

Adam Braun Of Counsel, State Attorneys General Investigations & Enforcement

Chicago

See my bio

D:+1 312 924 9834
E: [email protected]

Practice:

State Attorneys General Investigations & Enforcement

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Adam Braun Of Counsel

Chicago

Adam brings a deep understanding of state attorneys general, state legislatures, and state agencies to represent clients on investigations, compliance and legislative issues before an array of state-government agencies.

As Executive Deputy Attorney General of Illinois, Adam coordinated multistate activity for the Illinois Attorney General’s office, led the office’s strategic initiatives, and served as the office’s liaison to the National Association of Attorneys General and the Democratic Attorneys General Association. While in the Illinois Attorney General’s Office, Adam served on the Executive Committees of numerous national settlements, including historic national opioid settlement agreements with local governments, pharmaceutical manufacturers, distributors, and retailers. He also spearheaded successful legislative initiatives to fight youth vaping, reduce organized retail crime, and expand the Consumer Fraud and Deceptive Business Practices Act.

Adam previously served as Deputy Legislative Director and Legislative Counsel of the Office of the Governor of Illinois from 2010-2012 and was instrumental in passing legislation, such as landmark reforms to the state’s workers compensation system, expansion of the state’s online lottery program, and a historic capital infrastructure program. He went into private practice from 2012-2019 where he resolved licensing and disciplinary matters and developed successful multi-state legislative, regulatory, and political strategies for clients in regulated industries. Earlier in his career, he worked as Staff Attorney in the Office of the Illinois State Treasurer. Braun chaired the Illinois Holocaust and Genocide Commission from 2011-2014 and was appointed to chair the State Workers Compensation Advisory Board in 2011.

Adam enjoys spending time with his wife and sons, and cheering on the Cubs, Bears, and Bulls.