Virginia will hold an election for attorney general on November 7, 2017.

Primary elections

During a primary election, voters select the candidate they believe should represent a political party in a general election. Primaries usually take place several months before a general election. Virginia utilizes a hybrid primary process in which registered voters do not have to be members of a party to vote in that party's primary. In the past, the Virginia Republican Party had selected candidates for statewide races at a convention; however, in August 2016, the State Central Committee voted 41-40 to select candidates via primary elections instead, which could significantly impact the 2017 candidate field.

Virginia's primary election was held on June 13, 2017. Neither Herring nor Adams were challenged in the primary election.

Noteworthy events

June 17 debate

The first debate of the 2017 election was held on June 17 in Virginia Beach. The candidates clashed on LGBT marriage, abortion, firearms regulation, President Trump's immigration executive orders, and their respective backgrounds. Herring criticized Adams' background as a white-collar defense attorney, arguing that "He has been part of a powerful Richmond law firm for the last seven years, and he and his team brag about how they specialize in shielding people who are involved in kickbacks, pyramid schemes, embezzlement, money laundering, tax fraud, bribery, obstruction of justice. It’s astounding." Adams expressed dissatisfaction with Herring's actions during his first term as attorney general, saying "I decided to get into the arena for the first time because of what I believe is the extreme politicization of the Attorney General’s Office...The way to get the politics out of the Attorney General’s Office is to get the politicians out of the Attorney General’s Office."

Party control in Virginia

Virginia has had a divided government since Governor Terry McAuliffe was elected in 2013, ending a two-year Republican trifecta: Democrats hold the governorship while Republicans hold a three-seat majority in the State Senate and a 32-seat majority in the House. The state has been represented in the United States Senate by Democrats since 2009, though its class 2 Senate seat was held by Republicans from 1973 to 2009. Virginians also elected Republican George F. Allen to the class 1 seat in 2001; he served until 2007. Though the state's electoral votes went to Democrat Barack Obama in 2008 and 2012, Virginia voters had previously selected the Republican candidate in every presidential election since 1968.

The office of attorney general in Virginia has experienced significant turnover over the past three decades. Officeholders have frequently and successfully ran for governor in Virginia, and it is customary in the state for an attorney general to resign from his or her post when running for higher office. Prior to the election of Mark Herring (D) in 2013, nine Republicans held the seat from 1994 to 2014—four of whom resigned in order to run for governor. Before 1994, Democrats had controlled the seat for the majority of the last 100 years. The last open election for attorney general in 2013 was decided by less than a thousand votes. The open race in 2009 was not particularly close, with Ken Cuccinelli winning by over 15 percentage points, but 2005's open race was also highly competitive and was decided by about 300 votes.

An incumbent has not run for re-election as attorney general in Virginia since Mary Sue Terry in 1989; she won by a margin of over 25 percent.

Virginia Party Control: 1992-2017 Two years of Democratic trifectas • Four years of Republican trifectas

About the office

Qualifications

Article V, Section 16 of the Virginia Constitution also establishes the qualifications of the office:

...No person shall be eligible for election or appointment to the office of Attorney General unless he is a citizen of the United States, has attained the age of thirty years, and has the qualifications required for a judge of a court of record...

• U.S. citizen
• at least 30 years old
• is qualified to be a judge of a court of record in the state

Duties

The duties and powers of the office of the attorney general include:

• Provide legal advice and representation to the governor and executive agencies, state boards and commissions and institutions of higher education. The advice commonly includes help with personnel issues, contracts, purchasing, regulatory and real estate matters and the review of proposed legislation. The office also represents those agencies in court.
• Provide written legal advice in the form of official opinions to members of the general assembly and government officials.
• Defend criminal convictions on appeal and defend the state when prisoners sue concerning their incarceration.
• Defend the constitutionality of state laws when they are challenged in court.
• Enforce state laws that protect businesses and consumers when there are violations. Individual consumer complaints are usually handled by another agency.
• Represent consumers in utility matters before the Virginia Corporation Commission.
• Collect debts owed to state agencies, hospitals and universities.
• Conduct or assist criminal investigations and prosecutions in certain limited cases (for example Medicaid fraud, money laundering, theft of state property, environmental crimes and computer crimes).
• Represent the Virginia Department of Social Services in its efforts to collect child support on behalf of children and families.
• Supervise the appointment and payment of private attorneys hired by other state agencies for various matters.
• Assist victims of crime who are following criminal cases at the appellate level.
• Provide information to the public on identity theft prevention and remediation.
• Administer grants to help reduce crimes involving gangs, drugs and sex predators.
• Administer the Virginia Sexually Violent Predator Civil Commitment Program to protect children from the most dangerous predators.

A complete list of the duties of the office is outlined in the Virginia state code.

Elections

The attorney general is elected every four years at the same time the governor is elected. These elections take place one year after the presidential elections. In Virginia, 2017, 2021 and 2025 are all election years for the attorney general.

Term limits

According to the state constitution, "There shall be no limit on the terms of the Attorney General."

Demographic data for Virginia