Attorney General elections, 2018
Democrats gained control of four Republican-held attorney general offices in the November 6, 2018, elections. As a result of the elections, there were 25 Democratic state attorneys general, 23 Republicans, and two independents.
Democratic candidates flipped open seats in Colorado, Michigan, and Nevada and unseated a Republican incumbent in Wisconsin, while Republicans picked up Alaska's previously-independent attorney general office by winning the gubernatorial election.[1] In all, 30 states held elections for attorney general out of the 43 states in which the office is elected.
Democrats left the 2018 elections with 25 attorney general offices to Republicans' 24. Heading into the election, the majority of state attorney general offices were held by Republicans, with 27 attorney general offices to Democrats' 21. Hawaii's attorney general was nonpartisan.
As the state's chief legal officer, the attorney general is responsible for enforcing state law and advising the state government on legal matters. In many states, attorneys general play a large role in the law enforcement process.
Ballotpedia identified 10 attorney general elections as battleground races. In Connecticut, Illinois, and Minnesota, Democratic-held attorney general seats were open and a battleground gubernatorial election was taking place. Colorado, Florida, Michigan, Nevada, and Ohio featured open Republican-held attorney general seats and a battleground gubernatorial election. In Arizona and Wisconsin, Republican first-term attorneys general sought re-election in states which also saw a battleground gubernatorial election.
Ballotpedia provided in-depth coverage of attorney general primary elections. Click the links below for more information:
Attorney general offices that changed party control
This table lists elected attorneys general which changed parties as a result of the November 6, 2018 elections.
Attorney general offices that changed party control, 2018 elections | |||
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State | Pre-election control | Post-election control | |
Colorado | Cynthia Coffman ![]() |
Phil Weiser ![]() | |
Michigan | Bill Schuette ![]() |
Dana Nessel ![]() | |
Nevada | Adam Laxalt ![]() |
Aaron Ford ![]() | |
Wisconsin | Brad Schimel ![]() |
Josh Kaul ![]() |
List of attorney general elections
Updated November 9, 2018
State | Triplex status (before) | Triplex status (after) | Incumbent | Democratic candidate | Republican candidate |
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Alabama | Republican triplex | Republican triplex | ![]() ![]() |
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Arizona | Republican triplex | Republican triplex | ![]() ![]() |
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Arkansas | Republican triplex | Republican triplex | ![]() |
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California | Democratic triplex | Democratic triplex | ![]() ![]() |
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Colorado | Divided triplex control | Democratic triplex | ![]() ![]() |
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Connecticut | Democratic triplex | Democratic triplex | ![]() ![]() |
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Delaware | Democratic triplex | Democratic triplex | ![]() |
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Florida | Republican triplex | Republican triplex | ![]() ![]() |
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Georgia | Republican triplex | Republican triplex | ![]() ![]() |
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Idaho | Republican triplex | Republican triplex | ![]() ![]() |
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Illinois | Divided triplex control | Democratic triplex | ![]() ![]() |
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Iowa | Divided triplex control | Divided triplex control | ![]() ![]() |
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None |
Kansas | Republican triplex | Divided triplex control | ![]() ![]() |
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Maryland | Divided triplex control | Divided triplex control | ![]() ![]() |
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Massachusetts | Divided triplex control | Divided triplex control | ![]() ![]() |
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Michigan | Republican triplex | Democratic triplex | ![]() |
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Minnesota | Democratic triplex | Democratic triplex | ![]() ![]() |
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Nebraska | Republican triplex | Republican triplex | ![]() ![]() |
None | ![]() |
Nevada | Republican triplex | Divided triplex control | ![]() ![]() |
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New Mexico | Divided triplex control | Democratic triplex | ![]() ![]() |
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New York | Democratic triplex | Democratic triplex | ![]() ![]() |
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North Dakota | Republican triplex | Divided triplex control | ![]() ![]() |
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Ohio | Republican triplex | Republican triplex | ![]() ![]() |
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Oklahoma | Republican triplex | Republican triplex | ![]() ![]() |
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Rhode Island | Democratic triplex | Democratic triplex | ![]() ![]() |
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None |
South Carolina | Republican triplex | Republican triplex | ![]() ![]() |
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South Dakota | Republican triplex | Republican triplex | ![]() ![]() |
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Texas | Republican triplex | Republican triplex | ![]() ![]() |
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Vermont | Divided triplex control | Divided triplex control | ![]() ![]() |
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Wisconsin | Divided triplex control | Democratic triplex | ![]() ![]() |
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Battleground elections
The following map displays which state attorney general seats were up for election in 2018 and identifies those races that were considered battleground elections. Mouse over a state for more detailed information.
2018 Attorney General Battleground Races | |||
---|---|---|---|
State | Current Incumbent | Open Seat (Y/N) | 2018 Winner |
Arizona | ![]() |
No | ![]() |
Colorado | ![]() |
Yes | ![]() |
Connecticut | ![]() |
Yes | ![]() |
Florida | ![]() |
Yes | ![]() |
Illinois | ![]() |
Yes | ![]() |
Michigan | ![]() |
Yes | ![]() |
Minnesota | ![]() |
Yes | ![]() |
Nevada | ![]() |
Yes | ![]() |
Ohio | ![]() |
Yes | ![]() |
Wisconsin | ![]() |
No | ![]() |
About the office
The attorney general is an executive office in all 50 states that serves as the chief legal advisor and chief law enforcement officer for the state government and is empowered to prosecute violations of state law, represent the state in legal disputes and issue legal advice to state agencies and the legislature. In most states, the attorney general has a substantial influence on a state's approach to law enforcement. Attorneys general often set particular law enforcement priorities (e.g. drug law, civil rights violations or sexual crime) and focus extra resources on these issues. This puts them, in the words of the National Association of Attorneys General, at the "intersection of law and public policy."[2][3]
Selection process
The attorney general is directly elected in 43 states. The attorney general is appointed by the state Legislature in Maine, by the state Supreme Court in Tennessee, and by the governor in the remaining five states.
Partisan affiliation
Compensation
According to compensation figures for 2023 compiled by the Council of State Governments in the Book of the States, the highest salary for an attorney general was $222,639 in Massachusetts, while the lowest was $82,220 in Oregon. To view the compensation of a particular attorney general, hover your mouse over the state.
Vacancy fill methods
Initiate local prosecution
In 47 states—all except Connecticut, North Carolina, and Arkansas—the attorney general has the power to initiate prosecution at the local level, although 28 states place limits on this power.[4]
Supersede local prosecution
In 36 states, the attorney general has the power to take over a case handled by a local prosecutor without instructions from the governor or legislature, although this power is restricted to certain cases in 22 of those states. This differs from general power of oversight over legal matters in a state and the ability of some attorneys general to initiate local prosecution or to step in and provide assistance to a local prosecutor without instructions from the governor or legislature. In Alaska and Delaware, the attorney general's office is responsible for handling all local prosecution by default.[4]
Criminal appeals
The attorney general has the power to represent the state in criminal appeals in 46 states, although this power is restricted in five of those states.[4]
Term limits
A total of 17 states impose some form of term limits on attorneys general.
Historical elections
In 1977, the Democratic Party held a total of 27 elected attorney general offices to the Republican Party's 16. The Democratic lead in attorney general offices would be maintained through the 1990s, as opposed to the other three top executive offices, which became majority-Republican following the 1994 midterm elections. In the 2010 midterm elections, the Republican Party gained a lead in elected attorney general offices, with 22 elected attorneys general to the Democrats' 21. The Democratic victory in the 2013 Virginia election for attorney general caused the party to briefly regain a 22-21 majority of elected attorney general offices. This lead was lost in the 2014 midterm elections. After that point, the Republican Party continued to grow its majority control of elected attorney general offices.
See also
Footnotes
- ↑ In Alaska, the attorney general is appointed by the governor.
- ↑ The National Association of Attorneys General, "Home," accessed March 26, 2013
- ↑ Council of State Governments, "The Book of States 2012," accessed October 17, 2012
- ↑ 4.0 4.1 4.2 Council of State Governments, "Book of the States 2017 - Attorneys General: Prosecutorial and Advisory Duties," accessed December 3, 2017
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