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.

State AG Control Map 2024 | Orrick

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.