Ballots Ahead in 30 States
In a column, former District of Columbia Attorney General Karl A. Racine argues that voters routinely overlook the high-stakes races for their state’s top legal officer. Voters in 30 states and the District of Columbia head to the polls on November 3 to fill these posts, despite an office that carries vast legal and executive authority over consumer protection, civil rights, and federal litigation.
Civil Power Beyond Criminal Courts
While the public often pictures criminal trials, Racine writes that the attorney general’s real reach is civil. The office functions as primary legal counsel, tasked with representing state agencies, defending state laws, and enforcing consumer protection and civil rights statutes. The role also involves issuing legal opinions that guide governors and agencies, alongside managing grants for community organizations in many jurisdictions. Racine emphasizes that the office is defined by the judgment used to allocate limited resources rather than by campaign slogans.
Multistate Lawsuits as Checks on Power
Attorneys general act as a critical check on federal power, a function Racine notes is utilized by both political parties.
States filed 133 multistate lawsuits against the previous presidential administration, often led by Republican attorneys general, while Democratic counterparts filed 100 lawsuits against the current administration as of April. These legal battles often center on national policy, such as the 2018 multistate challenge to the Affordable Care Act. Racine notes that his decision to defend the Act was based on the potential impact on residents with pre-existing conditions. Similarly, in January 2025, when a federal directive froze state grant funding, 22 states and the District of Columbia successfully sued to restore the money. In each instance, the attorney general decided whether to join the litigation, directly affecting the state’s residents.
Independent Elections Provide a Check on Executive Power
In most states, the attorney general is elected independently of the governor, a structure designed to provide a check on executive power. Racine writes that this independence allows the attorney general to challenge a governor or president when the law requires it. He describes the election as the only significant accountability mechanism for the office, as the attorney general answers to the voters rather than to other political officials.
Racine Advises Voters to Examine Candidate Records
Racine advises voters to examine the records of candidates by reviewing past press releases and decisions made by the office. He suggests that candidates should be evaluated based on their stated priorities, their history of consumer protection, and their approach to hiring and leadership, which he claims defines the office long after a term ends.
Key Voter Considerations
- Independence: Because the attorney general is typically elected separately from the governor, the position is designed to operate with a degree of autonomy.
- Civil Focus: The primary influence of the office often manifests in civil litigation, investigations, and legal opinions rather than criminal trials.
- Federalism: The office serves as a primary state-level check on federal directives, with attorneys general deciding whether to sue or defend federal actions on behalf of their state.
- Leadership Impact: The personnel decisions made by an attorney general, including hiring and promotions, shape the office’s long-term effectiveness.
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