State AG races become litmus test for GOP election claims

Joel Martinez The Monitor via AP, File

Texas Attorney General Ken Paxton speaks to the media at on Jan. 27 in Weslaco, Texas. The false claims that the 2020 election was stolen from former President Donald Trump and protecting future election results loom large over this year’s races for state attorneys general.

Associated Press

Idaho Attorney General Lawrence Wasden, a Republican, has won re-election multiple times in a state where the GOP dominates politically and, in his telling, has “a 20-year track record of calling balls and strikes fairly and squarely.”

That may not be enough for him to survive a GOP primary challenge and keep his seat. Wasden was one of seven Republican attorneys general to opt against joining an ill-fated challenge of the 2020 presidential election results in other states. And last fall, he declined to join other GOP attorneys general in a letter to President Joe Biden complaining about vaccine mandates, although he ended up joining lawsuits against several of them.

His more moderate positions have put him at odds with a growing share of Republicans who chafe at COVID-19 restrictions and repeat the false claim that widespread fraud cost former President Donald Trump re-election. Wasden is facing two challengers who are to his right politically in the Republican primary as he seeks a sixth term as the state’s top government lawyer.

One of the challengers, Arthur McComber, said a key function of the attorney general’s role is to act as a watchdog against federal power – something he said Wasden hasn’t done enough.

“It’s basically a misunderstanding of the attorney general position,” said McComber, a real estate lawyer.

The challenge to Wasden from within his own party is emblematic of the broader far-right shift within the GOP. Similar dynamics are permeating races for attorney general across the country as an office often referred to as “the people’s lawyer” – responsible in most states for criminal prosecutions and consumer protections – has become increasingly consumed by ideological battles.

Seats for attorneys general are up for election in 30 states this year. Some of the most likely to attract heavy spending will be in political battlegrounds such as Michigan, Nevada and Wisconsin, states that again are expected to play outsized roles in the 2024 presidential contest.

Republicans currently hold 27 attorneys general seats. Paul Nolette, a Marquette University political scientist who studies the office, said Republicans could bump that number to 30 or more in a midterm election year when Republicans are primed to do well in races up and down the ballot.

They’ve already notched an early victory. Last fall, voters ousted the incumbent Democratic attorney general in Virginia, a state that had been leaning increasingly Democratic in recent years. It was part of a GOP wave in the state that also saw the party claim the governor’s office and one house of the legislature.

Nolette said party affiliation matters for the office more than it used to: “The office has really become like other statewide offices at this point – highly polarized.”

Ahead of the 2020 election, an arm of the Republican Attorneys General Association held “war games” for officials to plan a reaction in case of a Trump loss. That group, the Rule of Law Defense Fund, later promoted the Jan. 6, 2021, rally that preceded the storming of the U.S. Capitol by Trump supporters seeking to thwart the certification of electors.

For Democrats, there is increasing concern that a Republican wave in this year’s elections could sweep Democratic governors, secretaries of state and attorneys general out of power in crucial presidential battleground states. Steve Bullock, a Democrat who has served as attorney general and governor in Montana, warned that a rogue attorney general could undermine election results.

While secretaries of state oversee elections in most states, attorneys general can play pivotal roles in the aftermath, as demonstrated in 2020.

A month after that election, Texas Attorney General Ken Paxton asked the U.S. Supreme Court to throw out the results in four states that supported Biden over Trump. The court rejected the effort, but only after 18 other Republican attorneys general filed papers in support.

Idaho’s Wasden was not one of them.

“In taking a look at the Texas case, it was evident that that lawsuit was contrary to the Constitution,” he said in an interview. “If Texas can sue Pennsylvania, then California can sue Idaho.”

The U.S. Supreme Court ultimately found that the states lacked standing to challenge election results in other states.

Democratic attorneys general defended their states’ 2020 election results in Michigan, Pennsylvania and Wisconsin, as did the Republican attorney general in Georgia.

“The public must know which side their state AG is on,” Nevada Attorney General Aaron Ford, co-chair of the Democratic Attorneys General Association, said during a video news conference in January.

The fields are not set in every attorney general race, but GOP primary showdowns between more establishment-style conservatives and those further to the right is a common theme in several states, including Kansas, Michigan and Minnesota.

“In so many of these races, it is a race to see who can align themselves closest with Donald Trump, his brand of politics and the big lie” that the election was stolen, said Geoff Burgan, a spokesman for the Democratic Attorneys General Association.

Johnny Koremenos, a spokesman for the Republican Attorneys General Association, declined to directly answer questions about whether Republican attorneys general might seek to undermine lawful election results. In a statement, he said “2022 will be a great year for Republicans running for attorney general.”