Missouri Attorney General | |
General information | |
Office Type: | Partisan |
Office website: | Official Link |
Compensation: | $119,348 |
2023 FY Budget: | $42,390,873 |
Term limits: | None |
Structure | |
Length of term: | 4 years |
Authority: | Missouri Constitution, Article IV, Section 12 the Executive Department |
Selection Method: | Elected |
Current Officeholder | |
Attorney General of Missouri
Andrew Bailey | |
Elections | |
Next election: | November 5, 2024 |
Last election: | November 3, 2020 |
Other Missouri Executive Offices | |
Governor • Lieutenant Governor • Secretary of State • Attorney General • Treasurer • Auditor • Commissioner of Education • Agriculture Director • Insurance Director • Natural Resources Director • Labor Director • Public Service Commission |
The Attorney General of Missouri is an elected constitutional office within the executive branch of the Missouri state government. The office was created in 1806 when Missouri was part of the Louisiana Territory. Missouri's first state constitution in 1820 provided for an appointed attorney general, but since the 1865 constitution, the attorney general has been elected.[1]
By law, the attorney general is a member of the Board of Fund Commissioners, the Board of Public Buildings, the Governor's Committee on Interstate Cooperation, the Missouri Highway Reciprocity Commission and the Missouri Housing Development Commission.
Offices of the attorney general are located throughout the state of Missouri with the main office being in the Supreme Court building in Jefferson City.
Missouri has a Republican triplex. The Republican Party controls the offices of governor, secretary of state, and attorney general.
The current Attorney General of Missouri is Andrew Bailey (R). Bailey assumed office in 2023.
The Missouri Constitution addresses the office of attorney general in Article IV, the Executive Department.
Under Article IV, Section 12:
The executive department shall consist of all state elective and appointive officials and employees except officials and employees of the legislative and judicial departments. In addition to the governor and lieutenant governor there shall be a state auditor, secretary of state, attorney general... |
In order to serve as attorney general, an individual must be a U.S. citizen (number of years not specified) and have been a state resident for at least one year.[2]
Missouri elects attorneys general in the presidential elections, that is, in leap years. There are no term limits on the position.
Incumbent Andrew Bailey, Elad Gross, and Ryan Munro are running in the general election for Attorney General of Missouri on November 5, 2024.
Candidate | ||
Andrew Bailey (R) | ||
Elad Gross (D) | ||
Ryan Munro (L) |
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Elad Gross advanced from the Democratic primary for Attorney General of Missouri on August 6, 2024.
Candidate | % | Votes | ||
✔ | Elad Gross | 100.0 | 343,934 |
Total votes: 343,934 | ||||
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Incumbent Andrew Bailey defeated Will Scharf in the Republican primary for Attorney General of Missouri on August 6, 2024.
Candidate | % | Votes | ||
✔ | Andrew Bailey | 64.0 | 149,191 | |
Will Scharf | 36.0 | 83,973 |
Total votes: 233,164 | ||||
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Ryan Munro advanced from the Libertarian primary for Attorney General of Missouri on August 6, 2024.
Candidate | % | Votes | ||
✔ | Ryan Munro | 100.0 | 2,401 |
Total votes: 2,401 | ||||
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Incumbent Eric Schmitt defeated Richard Finneran and Kevin Babcock in the general election for Attorney General of Missouri on November 3, 2020.
Candidate | % | Votes | ||
✔ | Eric Schmitt (R) | 59.4 | 1,752,792 | |
Richard Finneran (D) | 37.9 | 1,117,713 | ||
Kevin Babcock (L) | 2.7 | 81,100 |
Total votes: 2,951,605 | ||||
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Richard Finneran defeated Elad Gross in the Democratic primary for Attorney General of Missouri on August 4, 2020.
Candidate | % | Votes | ||
✔ | Richard Finneran | 55.4 | 272,516 | |
Elad Gross | 44.6 | 219,462 |
Total votes: 491,978 | ||||
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Incumbent Eric Schmitt advanced from the Republican primary for Attorney General of Missouri on August 4, 2020.
Candidate | % | Votes | ||
✔ | Eric Schmitt | 100.0 | 602,577 |
Total votes: 602,577 | ||||
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Kevin Babcock advanced from the Libertarian primary for Attorney General of Missouri on August 4, 2020.
Candidate | % | Votes | ||
✔ | Kevin Babcock | 100.0 | 4,089 |
Total votes: 4,089 | ||||
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The general election for attorney general was held on November 8, 2016.
Josh Hawley defeated Teresa Hensley in the Missouri attorney general election.
Missouri Attorney General, 2016 | ||||
---|---|---|---|---|
Party | Candidate | Vote % | Votes | |
Republican | Josh Hawley | 61.10% | 1,389,196 | |
Democratic | Teresa Hensley | 38.90% | 884,354 | |
Total Votes | 2,273,550 | |||
Source: Missouri Secretary of State |
To view the electoral history dating back to 2008 for the office of Missouri attorney general, click [show] to expand the section. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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2012
Incumbent Chris Koster (D) won second term as attorney general on November 6, 2012.[3]
2008
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Article IV, Section 4 of the Missouri Constitution gives the governor the power to fill vacancies in public offices.
Text of Section 4:
Power of Appointment to Fill Vacancies--Tenure of Appointees The governor shall fill all vacancies in public offices unless otherwise provided by law, and his appointees shall serve until their successors are duly elected or appointed and qualified. |
The attorney general is the attorney for the entire state, representing the legal interests of Missouri and its state agencies.
As the state's chief legal officer, the attorney general must prosecute or defend all appeals to which the state is a party, including every felony criminal case appealed to the Missouri Supreme Court and courts of appeal. The attorney general also is required to institute, in the name and on behalf of the state, all civil suits and other proceedings that are necessary to protect the state's rights, interests or claims. The attorney general may appear, interplead, answer or defend any proceedings that involve the state's interests, or appear on behalf of the state in declaratory judgment proceedings when the constitutionality of a statute is challenged.
The attorney general also renders official opinions to the executive and legislative branch and the county prosecuting attorneys on questions of law relating to their duties. The attorney general may institute quo warranto proceedings against anyone unlawfully holding office or move to oust any public official for malfeasance in office.[4]
As of January 11, 2021, the Office of the Attorney General of Missouri has two main divisions: Civil and Criminal.[5]
According to the Missouri initiative and referendum guidelines, when ballot text is submitted to the state secretary of state, a copy of the text must be sent to the attorney general.
Both the secretary of state and attorney general will review the text to make sure that it complies with the form of an initiative. A copy of the ballot text is also sent to the state auditor in order to prepare a fiscal note and fiscal note summary statement. This must be completed within 20 days of the initiative being filed.
When the attorney general receives the fiscal note and summary, the ballot text will be reviewed for its legality. Approval or reject of the fiscal note summary will be sent to the state auditor within 10 days of receipt of the fiscal note. Based on this information the attorney general will reject or accept the contents and the ballot (along with the attorney general's comments) will be sent to the secretary of state within 10 days receipt of the sample ballot petition.
The Attorney General of Missouri is responsible for all prosecution of criminal violations of Missouri's campaign finance laws. The Office of Prosecution Services is a division of the state attorney general's office and conducts all investigations of campaign finance law violations that are in the office's jurisdiction.[6]
The first step in filing a campaign finance complaint is to file with the Missouri Ethics Commission. An investigator must fully review the complaint and a vote of four members on the ethics commission is needed before any investigation can proceed.[7] All criminal investigations are forwarded to the attorney general from the ethics commission upon finding of probable cause.[8] All civil prosecutions are handled by the ethics commission.[9]
The attorney general's budget for fiscal year 2023 was $42,390,873.[10]
The attorney general's salary is set by law and cannot be increased or reduced during the term. Section 3, Article XIII of the Missouri Constitution created a Citizens’ Commission on Compensation for Elected Officials, which sets the compensation of elected government officials. The 21-member commission meets every two years, and is not to be comprised of employees of the state or any of its institutions nor immediate family members of any person ineligible to serve on the council.[11]
Article IV, Section 21 of the Missouri Constitution addresses compensation of executive officials:
The officers named in this article shall receive for their services salaries fixed by law, which shall not be increased or diminished during their terms. |
In 2022, the officer's salary was $119,348, according to the Council of State Governments.[12]
In 2021, the attorney general received a salary of $116,437, according to the Council of State Governments.[13]
In 2020, the attorney general received a salary of $116,437, according to the Council of State Governments.[14]
In 2019, the attorney general received a salary of $116,437, according to the Council of State Governments.[15]
In 2018, the attorney general received a salary of $116,437, according to the Council of State Governments.[16]
In 2017, the attorney general received a salary of $116,437, according to the Council of State Governments.[17]
In 2016, the attorney general received a salary of $116,437, according to the Council of State Governments.[18]
In 2015, the attorney general received a salary of $116,437, according to the Council of State Governments.[19]
In 2014, the attorney general earned a salary of $116,437, according to the Council of State Governments.[20]
In 2013, the attorney general earned a salary of $116,437.[21]
In 2010, the attorney general was paid an estimated $116,437, according to the Council of State Governments.[22]
Since 1820, Missouri has had 42 attorneys general. Of the 41, 30 have been Democrats, 11 Republicans and one Whig.[23]
Number | Name | Took office | Left office | Party |
---|---|---|---|---|
1 | Edward Bates | 1820 | 1821 | Democratic |
2 | Rufus Easton | 1821 | 1826 | Democratic |
3 | Robert William Wells | 1826 | 1836 | Democratic |
4 | William Barclay Napton | 1836 | 1839 | Democratic |
5 | Samuel Mansfield Bay | 1839 | 1845 | Democratic |
6 | Benjamin F. Stringfellow | 1845 | 1849 | Democratic |
7 | William A. Robards | 1849 | 1851 | Democratic |
8 | James B. Gardenhire | 1851 | 1857 | Whig |
9 | Ephraim B. Ewing | 1857 | 1858 | Democratic |
10 | J. Proctor Knott | 1858 | 1861 | Democratic |
11 | Aikman Welch | 1861 | 1864 | Democratic |
12 | Thomas Theodore Crittenden | 1864 | 1864 | Democratic |
13 | Robert Franklin Wingate | 1865 | 1869 | Democratic |
14 | Horace B. Johnson | 1869 | 1871 | Republican |
15 | Andrew Jackson Baker | 1871 | 1872 | Republican |
16 | Henry Clay Ewing | 1873 | 1875 | Democratic |
17 | John A. Hockaday | 1875 | 1877 | Democratic |
18 | Jackson Leonidas Smith | 1877 | 1881 | Democratic |
19 | Daniel Harrison McIntyre | 1881 | 1885 | Democratic |
20 | Banton Gallitin Boone | 1885 | 1889 | Democratic |
21 | John M. Wood | 1889 | 1893 | Democratic |
22 | Robert Franklin Walker | 1893 | 1897 | Democratic |
23 | Edward Coke Crow | 1897 | 1905 | Democratic |
24 | Herbert Spencer Hadley | 1905 | 1909 | Republican |
25 | Elliott Woolfolk Major | 1909 | 1913 | Democratic |
26 | John Tull Barker | 1913 | 1917 | Democratic |
27 | Frank Winton McAllister | 1917 | 1921 | Democratic |
28 | Jesse W. Barrett | 1921 | 1925 | Republican |
29 | Robert William Otto | 1925 | 1925 | Republican |
30 | North Todd Gentry | 1925 | 1928 | Republican |
31 | Stratton Shartel | 1928 | 1933 | Republican |
32 | Roy M. McKittrick | 1933 | 1945 | Democratic |
33 | Jonathan E. (Buck) Taylor | 1945 | 1953 | Democratic |
34 | John M. Dalton | 1953 | 1961 | Democratic |
35 | Thomas F. Eagleton | 1961 | 1965 | Democratic |
36 | Norman H. Anderson | 1965 | 1969 | Democratic |
37 | John C. Danforth | 1969 | 1977 | Republican |
38 | John D. Ashcroft | 1977 | 1985 | Republican |
39 | William L. Webster | 1985 | 1993 | Republican |
40 | Jeremiah W. (Jay) Nixon | 1993 | 2009 | Democratic |
41 | Chris Koster | 2009 | 2017 | Democratic |
42 | Josh Hawley | 2017 | 2019 | Republican |
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Missouri Attorney General's Office
Supreme Court Building
207 W. High St.
P.O. Box 899
Jefferson City, MO 65102
Phone: 573-751-3321
Fax: 573-751-0774
E-mail: ag@ago.mo.gov
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