The 2024 Elections for State Attorneys General: Initial Results

This year’s state Attorneys General (AGs) elections were relatively quiet, with races in only 10 of the 43 states with elected AGs and only two potentially close contests, in Pennsylvania and North Carolina.

In our August state AG election preview,^[1] we noted that going into this election, there were 27 Republican AGs and 24 Democratic AGs nationwide, including the District of Columbia. We reported that Democratic candidates were favored to win in Oregon, Vermont, and Washington, while Republican candidates seemed likely win in Indiana, Missouri, Montana, Utah, and West Virginia. Election results reported last night appear to confirm those predictions.

Also in our August preview, we highlighted two toss-up races in North Carolina and Pennsylvania. According to last night’s reports, Congressman Jeff Jackson (D) won in North Carolina, and York County District Attorney Dave Sunday (R) was declared the winner in Pennsylvania. Mr. Sunday’s apparent win in Pennsylvania increases the number of Republican AGs nationally to 28, reducing Democratic AGs’ total to 23. However, we do not believe the election of a Republican AG in Pennsylvania will significantly alter the way state AGs collaborate in general.

Incumbent AGs who were seeking re-election all prevailed in their contests, in Indiana (Rokita), Missouri (Bailey – seeking election after being appointed by the Governor), Montana (Knudsen), and Vermont (Clark). In states electing a new AG, voters chose the candidate from the same party as the outgoing AG in North Carolina, Oregon, Utah, Washington, and West Virginia. Consequently, we do not expect significant shifts in enforcement priorities in these offices. Consumer protection, antitrust enforcement, and protecting children all can be expected to rank among the top priorities of these and other state AGs in 2025 and beyond, as they have throughout 2024.

In their consumer protection messaging, incumbents and AG candidates throughout the country specifically focused on protecting seniors and other vulnerable consumers from fraud. In the toss-up states of Pennsylvania and North Carolina, the candidates also identified the fentanyl crisis as a key issue. North Carolina’s Attorney General-Elect Jeff Jackson (D) noted in a pre-election interview that the crisis claims the lives of nine people per day in North Carolina.^[2] Jackson also noted that he will be the first AG in North Carolina to utilize the state’s new anti-money laundering law, which goes into effect this December.^[3] This law facilitates cooperation between state and federal authorities and will enable his office to target drug distribution networks.^[4]

In Pennsylvania, the two AG candidates presented starkly different priorities. Dave Sunday (R) said he plans to focus on public safety and the opioid crisis, drawing on his efforts in York County as a model.^[5] Sunday believes that a primary driver of crime is the failure to arrest, charge, and prosecute individuals, including for firearms offenses.^[6] Sunday opposes the legalization of recreational marijuana and supports the death penalty for qualifying crimes, despite the state’s current capital punishment moratorium.^[7] On the topic of abortion, Sunday has stated that Pennsylvania’s constitution does not guarantee a right to abortion access, leaving the decision to the legislature.^[8] Sunday has also highlighted his commitment to election integrity, citing his experience in York County, where he assigned detectives to investigate election complaints and found no material fraud that would have altered the election results.^[9]

In contrast, Auditor DePasquale (D) said he planned to prioritize defending Pennsylvania’s elections, protecting abortion access, prosecuting hate crimes against the LGBTQ+ community, and cracking down on businesses that violate consumer rights.^[10]

Summary of Initial Election Results

Percentage vote totals for each incumbent and candidate are as of this morning, November 6, and of course are subject to change as additional votes are counted. At the end of this report, we’ve provided an updated State AG Control Map which assumes that Dave Sunday is the winner in Pennsylvania.

Indiana

• Attorney General Todd Rokita (R) secured re-election for a second term with 59.1% of the vote, defeating U.S Army Reserve Lieutenant Colonel and former Indiana Deputy Attorney General, Destiny Wells (D).

Missouri

Montana

• Attorney General Austin Knudsen (R) was re-elected to a second term with 60.3%, defeating attorney Ben Alke (D).

North Carolina

• U.S. Representative Jeff Jackson (D) defeated Representative Dan Bishop (R) with 51.3% of the vote. Outgoing Attorney General Josh Stein (D) chose not to seek a third term, opting instead to run for governor, a race he won.

Oregon

• State Representative and former state House speaker Dan Rayfield (D) defeated Will Lathrop (R) a former prosecutor, with 53.3% of the vote. Outgoing Attorney General Ellen Rosenblum (D) will retire from office at the conclusion of her third term.

Pennsylvania

• York County District Attorney Dave Sunday (R) defeated former state representative and Auditor Eugene DePasquale (D) with 51% of the vote. Outgoing Attorney General Michelle Henry (D) was appointed by Governor Josh Shapiro to fill the vacancy he created when he was elected governor in 2022.

Utah

• Former U.S. Representative Derek Brown (R) defeated criminal defense attorney Rudy Bautista (D) with 58.5%. Outgoing Attorney General Sean Reyes (R) has been in office since 2013 and opted not to seek re-election.

Vermont

• Attorney General Charity R. Clark (D) secured re-election for a second term with 57.9% of the vote, defeating newsstand owner, H. Brooke Paige (R).

Washington

• Former U.S. Attorney for Western Washington Nick Brown (D) defeated Pasco Mayor Pete Serrano (R) with 56.3%. Outgoing Attorney General Bob Ferguson (D) was elected governor in lieu of seeking a fourth term as AG.

West Virginia

• State Auditor J. B. McCuskey (R) defeated attorney Teresa Toriseva (D) with 57.9%. Outgoing Attorney General Patrick Morrisey (R) was elected governor in lieu of seeking a third term.

Orrick’s State Attorney General Team will follow up directly with our clients with a comprehensive report that includes detailed profiles and priorities of the newly elected Attorneys General. We also will advise clients on how to prepare for a change in administration in states that elected a new Attorney General.