Kentucky Attorney General election, 2015

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2015 Kentucky Attorney General Election

Table of Contents Candidates Key deadlines Duties Race background Polls Campaign finance Past elections Recent news See also External links

Primary Date: May 19, 2015

General Election Date: November 3, 2015

Incumbent prior to election: Jack Conway

The Kentucky Attorney General election took place on November 3, 2015, following a primary on May 19, 2015. Incumbent Jack Conway (D) was first elected in 2007 and was not eligible for re-election in 2015 due to term limits. Democratic candidate Andy Beshear was unopposed in the May primary, while Whitney Westerfield defeated Michael T. Hogan for the Republican nomination.^[1]

While Democrats prevailed in this race once again, Republicans succeeded in making this race closer than the past two elections. In 2007 and 2011, Democrat Conway defeated Republican challengers by at least 10 percentage points. Learn more about past races for attorney general in the past elections section.

Ballotpedia's coverage of this race includes tracking of contributions and expenditures from the candidate filing deadline through the general election. See how much money the candidates received and spent by jumping to the campaign finance section.

A primary election is an election in which registered voters select a candidate that they believe should be a political party's candidate for elected office to run in the general election. They are also used to choose convention delegates and party leaders. Primaries are state-level and local-level elections that take place prior to a general election. Kentucky utilizes a closed primary process, in which the selection of a party's candidates in an election is limited to registered party members.^[2][3][4]

For information about which offices are nominated via primary election, see this article.

Election results[edit]

General[edit]

Democrat Andy Beshear defeated Republican opponent, Whitney Westerfield, by 0.2 percentage points. Beshear was one of two Democrats to win statewide office in the 2015 Kentucky state executive official elections.^[5]

Attorney General, 2015
Party		Candidate	Vote %	Votes
	Republican	Whitney Westerfield	49.9%	477,735
	Democrat	Andy Beshear	50.1%	479,929
Total Votes				957,664
Election results via Kentucky Secretary of State

Primary[edit]

Democratic[edit]

There was no Democratic primary in 2015 as only one candidate filed for the office.

Republican[edit]

Whitney Westerfield defeated Michael T. Hogan for the Republican nomination.

Kentucky Attorney General Republican Primary, 2015
Candidate	Vote %	Votes
Whitney Westerfield	53.4%	96,581
Michael T. Hogan	46.6%	84,364
Total Votes		180,945
Election results via Kentucky State Board of Elections.

Candidates[edit]

Incumbent[edit]

Jack Conway
Note: Conway was ineligible to run for re-election due to term limits and was running in the 2015 race for governor.^[6]

General election[edit]

Andy Beshear^[7]
Whitney Westerfield^[8]

Lost in the primary[edit]

Michael T. Hogan

Key deadlines[edit]

Voter registration[edit]

Voters in Kentucky can register to vote by printing off a voter registration card and mailing the completed card to the Kentucky State Board of Elections. A voter registration card can also be obtained from a county clerk.^[10]

Applicants must identify their party registration on the card. Voters who identify as unaffiliated or as a third-party registrant can only vote in nonpartisan races during partisan primaries. Unaffiliated and third-party voters can vote for any candidate during general or special elections. Registered voters may switch party affiliation by December 31 without jeopardizing their registration for elections in the following year.^[10]

The following criteria must be met to qualify as a registered voter in Kentucky:^[10]

• U.S. citizenship
  
• Resident of Kentucky
  
• At least 18 years of age by the next general election
  
• Do not have a felony conviction or have been granted restored rights by executive pardon
  
• Have not been judged "mentally incompetent" in court
  
• Do not claim the right to vote in other states

Debates[edit]

See also: State executive debates, 2015

General election debate[edit]

Andy Beshear (D) and Whitney Westerfield (R) debated on KET's Kentucky Tonight. The debate took place on October 12, 2015. The candidates agreed on many political issues but criticized each other's experience and character.^[11]

Westerfield accused Beshear of trying to buy the election by raising millions of dollars through his connection to his father, Governor Steve Beshear. Westerfield said he had heard stories that Andy Beshear received donations in exchange for state favors, including road projects.^[11]

Beshear defended himself against Westerfield's charges. "No contribution, no matter how big or how small, would ever influence a decision I made in that office," he said.^[11]

Beshear responded by comparing his experience to Westerfield's, calling Westerfield a "full-time debt collector" for payday lenders and others, as well as a "part-time prosecutor."^[11] Beshear claimed that Westerfield's performance was criticized by the Christian County commonwealth's attorney, his boss. Beshear said his own experience as a nationally respected attorney at Stites & Harbison was superior to Westerfield's.^[11]

The two candidates largely agreed on issues such as prohibition of marijuana and heroin, restoring nonviolent felons' voting rights and the role of the attorney general.^[11]

One issue they disagreed on was Governor Beshear's response to the controversy surrounding Rowan County Clerk Kim Davis, who refused to issue same-sex marriage licenses after the Obergefell v. Hodges Supreme Court decision. Westerfield said the governor broke the law by not protecting the clerk's religious liberties. Andy Beshear defended his father's decision to instruct clerks to obey Obergefell.^[11]

Duties[edit]

See also: Attorney General of Kentucky

The attorney general is the chief law officer, chief law enforcement officer and legal adviser for the Commonwealth of Kentucky. He provides legal counsel to state officials regarding their official duties on request and prepares legal instruments and documents for public use. He also represents the state of Kentucky or its officials and agencies in litigation.^[12]

Beyond providing legal representation to the state, the attorney general oversees or participates in a variety of advisory or regulatory institutions. He is the chairman of the Kentucky Prosecutors Advisory Council, which establishes standards for Kentucky's district attorneys and the Kentucky Law Enforcement Council, which performs a similar role for state law enforcement.

Besides his advisory duties, the attorney general oversees the Department of Law, which has a mandate to "prevent or remedy damage to the environment" and to "enforce any statute, ordnance, bylaw or regulation." This encompasses the attorney general's direct prosecutorial duties as chief law and chief law enforcement officer of the state.^[13] He may designate specific task forces devoted to different law enforcement issues, such as cyber-security, drug enforcement or consumer protection.

Race background[edit]

Senate debate over outside legal representation[edit]

In March 2015, Republican candidate and state Sen. Whitney Westerfield sponsored a bill to increase transparency and limit contracts between the state Department of Justice and law firms representing the state. Westerfield's bill proposed greater clarity for state residents interested in which law firms represent the state and how much money is given to these firms under contingency agreements. Senate Minority Leader Ray Jones (D) asked Westerfield about the size of the department's budget and how often the state uses outside law firms. Westerfield was unable to answer budget questions, stating, "Right now I don't know, I can't recall that line from the budget." In an interview following debate over SB 118, Westerfield noted that, "I think it's crossing a line allowing someone who's got the prosecution power of the entire state to have a pecuniary interest in pushing extra hard to get the penalties and the fees."^[14]

Jones unsuccessfully attempted to remove a provision from the bill that limited the amount law firms collect when damages are awarded to the state. According to Jones, this limitation would discourage law firms from assisting the state with highly specialized legal cases and only attract firms with higher rates. Democratic candidate Andy Beshear supported Jones following the debate, indicating that recent cuts in the department's budget make financial flexibility all the more important. Allison Martin, a spokesperson for Attorney General Jack Conway (D), argued that the state has only used outside lawyers on contingency agreements eight times in the past seven years.^[14]

Early funding advantage for Beshear[edit]

Beshear jumped out to a strong financial advantage before facing any official opposition to replace Jack Conway in 2015. Beshear, the son of Gov. Steve Beshear, reported $1.48 million in contributions through September 30, 2014. These contributions were received at 87 fundraisers and included donations from executives at Philip Morris, Daymar College and Louisville Gas & Electric. By comparison, Conway spent a total of $1.9 million during his election bids in 2007 and 2011.^[15]

Beshear's fundraising prowess has drawn criticism due to potential conflicts of interest in the attorney general's office. The Attorney General of Kentucky often has an adversarial role with utilities if they request increases in energy prices. Beshear's campaign received $1,000 donations from three executives at Carespring Health Care Management, which settled state and federal investigations into patient injuries and deaths in 2013. Beshear's experience representing corporate clients at Stites & Harbison and his connections in his father's administration also raised concerns about conflicts of interest.^[15]

Beshear issued the following statement in response to a report by the Lexington Herald-Leader on his campaign finances:

In considering a potential candidacy in early January, Westerfield criticized Beshear by stating:

Beshear was running unopposed prior to Westerfield filing his candidacy on January 9, 2015.^[8]

Debates[edit]

See also: State executive debates, 2015

April 20 Republican forum
Michael Hogan and State Sen. Whitney Westerfield sought to distance themselves from current attorney general and Democratic gubernatorial candidate Jack Conway during a debate televised on Kentucky Educational Television. Both criticized Conway’s refusal to appeal the ruling from U.S. District Judge John Heyburn striking down Kentucky’s ban on same-sex marriage in 2014. Conway claimed that Kentucky’s law was discriminatory, and would not file an appeal to uphold the ban. Westerfield also attacked Conway for his failure to engage with the General Assembly, claiming that Conway has not worked hard to push legislation. Hogan offered Conway a bit of praise for his work in prosecuting child predators and Internet crimes.

Although the candidates were in accordance on most issues, Hogan did criticize Westerfield’s vote against a bill that would have set a floor for the state gas tax. This tax is based on the wholesale price of gasoline and is tied to Kentucky’s road fund, the main source of funds for the state’s roadway system. The decline of gas prices in Kentucky could lead to insufficient revenue to meet the needs of Kentucky’s transportation infrastructure according to a Kentucky Transportation Center report in May 2015.^[18] Hogan also questioned Westerfield’s vote to double the amount of money individuals can contribute to political campaigns, which Westerfield defended by claiming that funds from individual donors would most likely go towards candidate-run campaigns that must disclose donors, rather than political action committees (PACs) which often do not have to report donors.^[19]

Polls[edit]

General election

Republican primary

Campaign media[edit]

Jack Conway[edit]

Campaign finance[edit]

First quarter report (2015)
Comprehensive donor information for this election was collected from the state's campaign finance authority. Based on available campaign finance records, the candidates raised a total of $425,374 and spent a total of $117,774.29 during this reporting period. This information was last updated on May 4, 2015.^[20]

Campaign Contributions and Expenditures
Candidate	Office	Beginning balance	Contributions	Expenditures	Ending balance
Andy Beshear	Kentucky Attorney General	$1,268,131.13	$355,730.00	$109,617.99	$1,514,243.14
Whitney Westerfield	Kentucky Attorney General	$0	$64,244.00	$4,156.93	$60,087.07
Michael T. Hogan	Kentucky Attorney General	$0	$5,400.00	$3,999.37	$1,400.63
Grand Total Raised					$425,374
Grand Total Spent					$117,774.29

Fourth quarter report (2014)
Comprehensive donor information for this election was collected from the state's campaign finance authority. Based on available campaign finance records, the candidates raised a total of $100,870.97 and spent a total of $62,132.26 during this reporting period. This information was last updated on January 27, 2015.^[21]

Campaign Contributions and Expenditures
Candidate	Office	Beginning balance	Contributions	Expenditures	Ending balance
Andy Beshear	Kentucky Attorney General	$1,229,392.42	$100,870.97	$62,132.26	$1,268,131.13
Whitney Westerfield	Kentucky Attorney General	$0	$0	$0	$0
Michael T. Hogan	Kentucky Attorney General	$0	$0	$0	$0
Grand Total Raised					$100,870.97
Grand Total Spent					$62,132.26

Past elections[edit]

2011[edit]

Attorney General of Kentucky, 2011
Party		Candidate	Vote %	Votes
	Democratic	Jack Conway Incumbent	55%	449,638
	Republican	Todd P'Pool	45%	367,661
Total Votes				817,299
Election results via Kentucky Secretary of State

2007[edit]

Kentucky Attorney General, 2007
Party		Candidate	Vote %	Votes
	Democratic	Jack Conway Incumbent	60.5%	612,689
	Republican	Stan Lee	39.5%	399,603
Total Votes				1,012,292
Election results via Kentucky Secretary of State

2003[edit]

Kentucky Attorney General, 2003
Party		Candidate	Vote %	Votes
	Democratic	Gregory Stumbo	47.7%	492,540
	Republican	Jack D. Wood	41.7%	430,153
	Independent	Gatewood Galbraith	10.6%	109,498
Total Votes				1,032,191
Election results via Kentucky Secretary of State

Recent news[edit]

This section links to a Google news search for the term "Kentucky + Attorney + General + election + 2015"

See also[edit]

• Kentucky Attorney General
• State executive official elections, 2015
• Kentucky state executive official elections, 2015

External links[edit]

Suggest a link

• Kentucky Office of the Attorney General

Footnotes[edit]

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