Snapshot of the 2024 State AG Election Results

Much of the news coverage from this week’s presidential elections focused on control of the White House and Congress, with the Presidency and both the House and the Senate in play. But important changes to the roster of State Attorneys General were also taking shape. Upticks in political spending and electoral attention coincided with the steadily expanding role that state attorneys general from both parties have been playing in consumer protection and technology, financial, antitrust, and healthcare enforcement. 

This year, 10 states held elections for attorney general. Before the election, the Republican Party controlled 27 attorney general seats while Democrats controlled 24 (including the District of Columbia). Republicans succeeded in holding on to each of their incumbents’ seats in Indiana, Missouri, Montana, Utah, and West Virginia. The gubernatorial win in New Hampshire likely ensures that the AG seat will remain in Republican hands as well. Republicans were successful in flipping one AG seat – Pennsylvania. The seat was vacated by interim AG Michelle Henry. Governor Josh Shapiro appointed Henry to serve the remainder of his term after he was elected governor in 2022. The final tally is: Democrats 23, Republicans 28.  

O’Melveny’s State Attorneys General Litigation & Investigations Group offers a snapshot of the 2024 State AG Election Results

• Indiana: Incumbent Todd Rokita (R) defeated Destiny Wells (D).
• Missouri: Incumbent Andrew Bailey (R) defeated Elad Gross (D).
• Montana: Incumbent Austin Knudsen (R) defeated Ben Alke (D).
• North Carolina: Jeff Jackson (D), an attorney and military officer serving as the U.S. representative for North Carolina’s 14th congressional district since 2023, won the open-seat race against Dan Bishop (R). In his victory speech, Jackson highlighted the work done by his predecessor, Josh Stein (D), to hold opioid manufacturers accountable. Jackson has promised to use his office to further curb the fentanyl epidemic, Medicare fraud, and environmental pollution.
• Pennsylvania: Dave Sunday (R), York County district attorney since 2017, won the open-seat race against Eugene DePasquale (D). Throughout his campaign, Sunday touted his work in York County to decrease opioid deaths and the county’s criminal caseload. Sunday pledged to prioritize the opioid epidemic and illegal possession of firearms as attorney general.  
• Oregon: Dan Rayfield (D), an attorney who served as the speaker of the Oregon House of Representatives from 2022 to 2024, won the open-seat race against Will Lathrop (R). Rayfield’s campaign promised to push for more aggressive civil actions to protect consumers, safeguard abortion access, and take on polluters.  
• Utah: Derek Brown (R), former Chair of the Utah Republican Party and member of the Utah House of Representatives, is predicted to win the open-seat race against Rudy Bautista (D). Brown’s platform centered on holding big tech accountable, investigating big pharma, and standing up to “federal encroachment on our state and individual rights.”
• Vermont: Incumbent Charity Clark (D) defeated Ture Nelson (R).
• Washington: Nick Brown (D), who served as United States Attorney for the Western District of Washington from October 2021 to June 21, 2023, won the open-seat race against Pete Serrano (R). Brown’s campaign focused on civil rights, abortion, and environmental protection. Brown will be the first Black Attorney General in Washington.
• West Virginia: J.B. McCuskey (R), who has served as West Virginia State Auditor since 2017, won the open-seat race against Teresa Toriseva (D). McCuskey’s priorities are to prevent federal overreach, protect energy and agricultural industries, and defend Second Amendment rights.  

Governor Races with State AGs on the Ballot

• New Hampshire: Kelly Ayotte (R) has been elected New Hampshire governor.
• North Carolina: Josh Stein (D) has been elected North Carolina governor.
• Washington: Bob Ferguson (D) has been elected Washington governor.
• West Virginia: Patrick Morrisey (R) has been elected West Virginia governor.