2022 →

← 2020

There was one attorney general seat on the ballot in 2021. This election was in Virginia, where Jason Miyares (R) defeated incumbent Mark Herring (D).

This changed the partisan balance of state attorneys general from 24 Democratic and 26 Republican officeholders to 23 Democratic and 27 Republican officeholders. Before 2021, the last time a Republican had been elected attorney general in Virginia was in 2009. To read more about the race, click here.

Each of the fifty states and Washington, D.C. has an attorney general. 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.

In 2022, thirty states will be holding attorney general elections. Click here to read more about state attorney general elections in 2022.

In this article you will find:

Partisan balance

The following chart and map display the number of state attorney general offices held by each party as of November 2021 and immediately after the elections took place. Click here to view a full list of attorneys general.

State attorneys general partisan breakdown
Party		As of November 2021	After the 2021 elections
	Democratic Party	24	23
	Republican Party	26	27
Total		50	50

Election results

Jason Miyares (R) defeated incumbent Mark Herring (D) in Virginia's 2021 attorney general election. Before 2021, the last time a Republican had been elected attorney general in Virginia was in 2009.

Attorney General races, 2021
Race	Pre-election incumbent	Post-election incumbent
Virginia	Mark Herring	Jason Miyares

The following table details the margins of victory for winning candidates in 2009, 2013, 2017, and 2021 in Virginia.

Margin of victory analysis, 2021
State	2021 margin of victory	2017 margin of victory	2013 margin of victory	2009 margin of victory
Virginia	R+1.3	D+6.8	D+0.02	R+15.1

Battlegrounds

Ballotpedia identified the attorney general election in 2021 as a battleground race:

Virginia attorney general election

See also: Virginia Attorney General election, 2021

Jason Miyares (R) defeated incumbent Mark Herring (D) in the election for attorney general of Virginia on November 2, 2021.

Herring had served as Virginia’s attorney general since 2014. Miyares had served as state delegate representing District 82 in the Virginia House of Delegates since 2016.^[1]

In a June 15 debate, Herring and Miyares outlined their campaign priorities and visions for the role of Virginia’s attorney general. Herring said he believed “the attorney general should be the people’s lawyer, working to keep Virginians safe and ensuring justice, equality, and opportunity for all.” He highlighted his participation in cases opposing Donald Trump’s (R) immigration policies for people from the Middle East, supporting same-sex marriage, and supporting the Affordable Care Act. Herring also criticized Miyares, saying: “Voters will have [a choice] between my proven record of protecting Virginians and expanding rights, and conservative activist Jason Miyares, who would abuse the powers of the office to roll back all of those gains and make Virginians less safe.”^[2]

Miyares said he believed “the attorney general is the top cop of Virginia,” and highlighted his experience as a former prosecutor. He said he would support victims of crime and that “violent crime is at the highest rate it’s been in two decades, Virginia’s murder rate is the highest it’s been since the turn of the decade. We desperately need some type of check and balance in Richmond.” He criticized Herring, saying: “Mark Herring has forgotten our victims because he’s been pushing a criminal-first, victim-last mindset that’s made Virginians less safe and less secure.”^[2]

Miyares completed Ballotpedia's Candidate Connection Survey. Click here to view his responses.

Herring (D) won re-election in 2017 with 53.4% of the vote to John Adams’ (R) 46.6%. The last Republican attorney general in Virginia was Ken Cuccinelli, who served from 2010 to 2014. Cuccinelli’s election in 2009, along with that year’s election of former Governor Bob McDonnell (R), was the last time a Republican candidate won statewide office in Virginia.^[3] A Virginia attorney general had not served three consecutive terms since 1945 when Abram Penn Staples (D) was elected for the third time.^[4]

The Attorney General of Virginia is a publicly elected executive official in the Virginia state government. The attorney general provides legal advice and representation for all state agencies. The attorney general also provides written legal advice in the form of official opinions to members of the Virginia General Assembly and other government officials.

Election information

The attorney general is the only top-level state executive office besides the governor to be found in all 50 states. 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. Seventeen states impose some form of term limits on attorneys general.

A state government triplex describes when one political party holds the following three positions in a state's government: governor, attorney general, and secretary of state.

Virginia attorney general election

State	Triplex status (before)	Incumbent	Incumbent party	Incumbent ran?
Virginia	Democratic triplex	Mark Herring	Democratic	Yes

2020 election results

See also: Attorney General elections, 2020

No attorney general offices changed party control as a result of the 2020 elections. Eight incumbents were re-elected, and two states (Indiana and Montana) elected new attorneys general. The table below lists states that held attorney general elections in 2020, incumbents before the 2020 elections, and officeholders after the 2020 elections.

Attorney General races, 2020
Race	Pre-election incumbent	Post-election incumbent
Indiana	Curtis Hill	Todd Rokita
Missouri	Eric Schmitt	Eric Schmitt
Montana	Tim Fox	Austin Knudsen
North Carolina	Josh Stein	Josh Stein
Orgeon	Ellen Rosenblum	Ellen Rosenblum
Pennsylvania	Josh Shapiro	Josh Shapiro
Utah	Sean D. Reyes	Sean D. Reyes
Vermont	T.J. Donovan	T.J. Donovan
Washington	Bob Ferguson	Bob Ferguson
West Virginia	Patrick Morrisey	Patrick Morrisey

The following table details the margins of victory for winning candidates in 2008, 2012, 2016, and 2020 in states holding attorney general elections in 2020. ^[5]

Margin of victory analysis, 2020
State	2020 margin of victory	2016 margin of victory	2012 margin of victory	2008 margin of victory
Indiana	R+16.6	R+23.9	R+16.0	R+1.4
Missouri	R+21.5	R+22.2	D+15.3	D+5.8
Montana	R+17.0	R+35.3	R+7.4	D+5.2
North Carolina	D+0.2	D+0.4	D+100	D+22.2
Orgeon	D+14.7	D+13.3	D+17.1	D+61.4
Pennsylvania	D+4.6	D+2.8	D+14.5	R+6.7
Utah	R+26.9	R+40.3	R+36.1	R+34.5
Vermont	D+40.2	D+37.2	D+24.6	D+53.9
Washington	D+12.9	D+34.3	D+70	R+19.0
West Virginia	R+27.6	R+9.7	R+2.4	D+0.8

Historical control

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 until 2018, when Democrats regained a majority of elected attorney general offices. In 2019, Republicans gained control of two Democratic-held attorney general offices held one office for a net gain of two seats. As a result, Republicans held 22 elected seats to Democrats' 21.

Important dates and deadlines

Virginia

Primary election and convention

Filing deadline: March 25, 2021
Convention date: May 8, 2021
Registration deadline: May 17, 2021
Absentee/mail voting deadline: June 8, 2021 (Postmarked)
Primary date: June 8, 2021

General election

General election date: November 2, 2021

About the office

See also: Attorney General (state executive 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."^[6]^[7]

Selection process

	State Executive Officials
	State executive elections by position and year:
	Select a position:GubernatorialLieutenant gubernatorialAttorney GeneralSecretary of StateDown ballot executiveState executive officialSelect year:2025202420232022202120202019201820172016201520142013201220112010Reset

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 2022 compiled by the Council of State Governments in the Book of the States, the highest salary for an attorney general is $220,000 in New York, while the lowest is $82,220 in Oregon. To view the compensation of a particular attorney general, hover your mouse over the state.

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.^[8]

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.^[8]

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.^[8]

Term limits

A total of 17 states impose some form of term limits on attorneys general.

Triplexes

New Jersey and Virginia are holding elections for one or more triplex offices in 2021. A state government triplex occurs when the governor, attorney general, and secretary of state in a given state are all members of the same political party.

Heading into 2021, there were 38 state government triplexes: 20 Republican triplexes and 18 Democratic triplexes. Twelve states were under divided control.

Analysis of state elections

See also: Ballotpedia's Election Analysis Hub, 2021

In 2021, six states held elections for executive, legislative, or judicial seats, including elections for three of the nation's 99 state legislative chambers, 15 appellate court seats, and two gubernatorial offices.

All state elections:

2021 primary election competitiveness in state government

Top 15 elections to watch

Ballotpedia's 2021 Candidate Connection report

Trifectas

Trifecta vulnerability in the 2021 elections

Election results, 2021: State government trifectas

State executive elections:

State executive official elections, 2021

Gubernatorial elections, 2021

Secretary of State elections, 2021

Attorney General elections, 2021