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Pennsylvania Attorney General election, 2012

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Pennsylvania Attorney General
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Primary Date:
April 24, 2012
General Election Date:
November 6, 2012
State Executive Elections
State executive official elections in 2012

The Pennsylvania attorney general election took place on November 6, 2012, following a primary on April 24, 2012.

Republican Party David Freed
Democratic Party Kathleen KaneGreen check mark transparent.png
Libertarian Party Marakay Rogers

Kathleen Kane won the general election on November 6, 2012, earning over 56% of the vote. She became the first woman and the first Democrat elected as attorney general in Pennsylvania.[1]

The incumbent attorney general, Linda Kelly (R), was appointed by former Attorney General and Governor Tom Corbett (R) upon his ascension to the governorship in 2010. Kelly chose not to seek election to a full term in 2012, which left Cumberland County District Attorney David Freed unopposed in the party's primary. Bypassing the primary provided the Republican candidate the extra time to focus on fundraising and preparing his general election strategy.[2]

The Democratic primary contest was settled at the polls on April 24th, with ex-Assistant District Attorney for Lackawanna County Kathleen Kane defeating Bucks County Congressman and Iraq vet Patrick Murphy. She went on to defeat Freed and Libertarian Marakay Rogers in the general election on November 6, 2012.[3]

Freed's campaign operatives described the Democratic candidates as the strongest group the party has presented for attorney general since 1978, the year Pennsylvania voters approved a constitutional amendment making the office an elected position instead of an appointed one. The first attorney general election was held in 1980; until Kane's victory in November 2012, no Democrat had ever won the office.[2]

The race was originally rated as a toss-up, but Governing Politics shifted the contest to leaning Democratic as a result of Kane's lead in the polls and in fundraising.[4]

Election Results

General Election Results

Attorney General of Pennsylvania General Election, 2012
Party Candidate Vote % Votes
     Democratic Green check mark transparent.pngKathleen Kane 56.1% 3,125,557
     Republican David Freed 41.6% 2,313,506
     Libertarian Marakay Rogers 2.3% 128,140
Total Votes 5,567,203
Election results via Pennsylvania Department of State

Primary Results

Attorney General of Pennsylvania, Democratic Primary, 2012
Candidate Vote % Votes
Green check mark transparent.pngKathleen Kane 52.8% 371,862
Patrick Murphy 47.2% 331,778
Total Votes 703,640
Election results via Pennsylvania Department of State (accessed April 25, 2012).


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Key dates

  • Administrative deadlines were at close of business (5:00) unless otherwise noted.
Deadline Event
Mar. 26 Voter registration for primary election
Apr. 24 Primary election
Oct. 9 Voter registration for general election
Nov. 6 General election

Race background

General

Heading into the fall, major party nominees Freed and Kane each had the backing of a powerful PAC. In late September, the Republican State Leadership Committee—a PAC supporting Freed (R)—spent $558,700 to air a television advertisement on select Philadelphia stations that included claims about Kane, which were later proven to be false.[5] The RSLC ad cited an example of a plea bargain that had been made in a rape case during Kane's stint at the Lackawanna District Attorney's office, inaccurately portraying her involvement in the deal to make her look soft on rape. Being tough on sex-abuse crime was one of the defining themes of Kane's campaign and her identity as a prosecutor; the ad, which stated, “Of Kane’s few cases, a judge rejected a weak plea deal she made because of the brutality of the crime and age of the victim,” was designed to undermine that image.[6] Soon after the ad aired, the father of one of the two victims referenced in the case publicly disputed its claims. Records from the District Attorney’s office supported his statement, showing that Kane’s role was limited to administrative duties and concluded after the initial filing. As a result, the PAC withdrew the ad and issued a public acknowledgment of the mistake.[7] The RSLC removed any reference to the rape case and promptly re-released the edited version, but continued airing the original ad on their website. Kane’s campaign responded critically to the ad. A spokesperson stated, "Freed needs to tell his people to take their ad down immediately and take their special interest money and their dirty tricks and get out of Pennsylvania. The people of Pennsylvania deserve better."[8]

Freed's campaign manager commented on the ad, saying, "It’s our sincere hope that our opponent, as well as any outside groups that are supporting our campaign or our opponent’s campaign, conduct themselves in an honest and ethical manner.” He made no mention of the ad or the implications about Freed's relationship to the PAC.[8]

Primary

Originally a three-way race, the Democratic primary election shrank to a face-off between former Bucks County Congressman and Iraq vet Patrick Murphy and ex-Assistant District Attorney for Lackawanna County Kathleen Kane. The third candidate, Montgomery County's Dan McCafferty, pulled out in mid-January.[9]

Then, on February 27—two weeks after the filing deadline—the Democratic field grew again to three candidates when former U.S. Representative and State Auditor Don Bailey formalized his bid for the nomination. The late entry was the result of a paperwok mishap, but he was officially cleared to run by the State Department.[10]

A spokesman for Murphy's campaign said of Bailey's entry, "It doesn't change the fact that this is really a two-person race between Patrick, who has dedicated his life to protecting middle-class families, and Kane, who is trying to buy this election using money from her anti-union company."[11] Kane's campaign responded to the comment by highlighting her qualifications and experience as a prosecutor. Murphy's campaign challenged the validity of Bailey's nominating petitions, leading Bailey to withdraw from the race for the Democratic nomination instead of pursuing a legal battle. Bailey said he would run as an independent instead, but failed to obtain the requisite number of signatures to secure a place on the general election ballot.[12]

Candidates

General Election Candidates

Republican Party David Freed


Democratic PartyKathleen Kane


Libertarian Party Marakay Rogers

Primary Election Candidates

Donkey symbol.png Democratic primary candidates

  • Patrick Murphy was a member of the U.S. House of Representatives, where he made a name for himself championing the repeal effort for "Don't Ask Don't Tell." He is an Iraq veteran, practicing attorney, and law professor.

Gop logo2.jpg Republican primary candidates

Freed spoke at the GOP's annual Lincoln Day Dinner the week of the filing deadline, saying, "Tough times and tough issues call for a tough attorney general; I will be an active attorney general, not an activist."[19]
Freed was endorsed by Gov. Corbett, and was the son-in-law of Pennsylvania's first elected attorney general, Leroy Zimmerman, who served two four year terms in the office.[20][21]

Former candidates

Don Bailey

  • Don Bailey was a member of the U.S. House of Representatives, a former Pennsylvania Auditor General, and a decorated Vietnam veteran. He had worked primarily as a civil rights lawyer in Harrisburg since 1998, when he lost the Democratic gubernatorial primary to Ivan Itkin. Before that election, he ran unsuccessfully for U.S. Senate in 1986, for re-election as Auditor in 1988, and again for Auditor in 1992, losing that time in the primary.[22]
Bailey cited his disappointment in the selection of candidates and ongoing concerns about corruption within the attorney general’s office as reasons for entering the race. He said "The Attorney General's Office has been a do-nothing office for too long,"[11][11] He originally filed as a Democratic candidate but withdrew his bid for the nomination after Murphy-allies contested his nominating petitions. He intended to run as an Independent instead, but ultimately did not qualify for a place on the general election ballot.[23]

Polls & Debates

General Election

Polls

Kane VS. Freed
Poll Kathleen Kane (D) David Freed (R)Undecided (n/a for Poll#1)Margin of errorSample size
Susquehanna Polling and Research
(October 29-31, 2012)
 48%37%14%+/-3.46800
Morning Call/Muhlenberg College Poll
(October 17-21, 2012)
 39%26%34%+/-5.0444
The Morning Call/Muhlenberg College
(October 10-15, 2012)

 33%28%37%+/-5.0438
Philadelphia Inquirer Poll
(October 4-8, 2012)
 41%29%30%+/-4.0600
Muhlenberg College Poll
(September 22-25, 2012)
 33%27%38%+/-5.0427
Philadelphia Inquirer Poll
August 28, 2012
 40%29%31%+/-4.0601
PPP poll
July 23, 2012
 41%34%25%+/-3.56758
Public Policy Poll
May 17-20, 2012]
 42%33%25%+/-3.8671
Zata 3 internal poll
May 7, 2012
 48%27%0%+/-3.24916
AVERAGES 40.56% 30% 26% +/-4.12 628.33
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

**Poll#1 was an internal poll commissioned by the Kane campaign and conducted by Zata 3 on April 20 and May 1. The sample was limited to voters with home phones.**

Primary Election

A poll conducted by the Benenson Strategy Group between November 29-December 1, 2011, initially showed candidate Patrick Murphy leading Kathleen Kane in a head-to-head race. Once voters heard short paragraphs with positive information on both candidates (and no negative content on either), the race flipped and Kane took a 16% lead (Kane 51%, Murphy 35%, and 14% undecided).[24]

Kane vs. Murphy
Poll Kathleen Kane Patrick MurphyUndecidedMargin of errorSample size
Ballot After Both Kane and Murphy Profiles
 51%35%14%+/-4600
Initial Two-Way Ballot
 24%40%36%+/-4600
AVERAGES 37.5% 37.5% 25% +/-4 600
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

On March 30, 2012, Politics PA conducted an unscientific poll asking readers who they think would win the Democratic primary for attorney general. The results showed Murphy as the predicted favorite to win against primary opponent Kathleen Kane.[25]

PoliticsPA Reader Poll
Poll Patrick Murphy Kathleen KaneMargin of errorSample size
Murphy vs. Kane
 71%29%+/-0995
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

The PA Progressives Summit released straw poll results for the February 10, 2012, debate between Democratic primary candidates Patrick Murphy and Kathleen Kane, which took place at Arch Street United Methodist Church in Center City, Philadelphia.[26] The poll had Murphy leading at 56.1%, Kane holding at 41.4%, and 2.4% reporting as undecided.

Primary Debates

PA Progressive Summit Debate: Murphy vs. Kane

The Murphy vs. Kane debate kicked off the Pennsylvania Progressives Summit on February 10, 2012. The debate covered progressive issues ranging from gun control to gay marriage and the relative credentials of the two candidates seeking their party's nomination in the April 24 primary.[27]

January 30 Shadyside Democrats Debate

Campaign finance

Contents
1 Due dates for reports
2 Candidates

Due dates for reports

The Department of State Bureau of Commissions, Elections, and Legislation administers campaign finance law and maintains all records online.

Primary election report deadlines:

  • First report-- due by March 13, 2012
  • Pre-primary-- due by April 13, 2012
  • Post-primary-- due by May 24, 2012

General election deadlines:

  • First report-- due September 25, 2012
  • Pre-election-- due October 26, 2012
  • Post-election--due December 6, 2012

The year-end annual report for 2012 was due by January 31, 2013.

Candidates

David Freed

David Freed Campaign Finance Reports
ReportDate FiledBeginning BalanceTotal Contributions
for Reporting Period		ExpendituresCash on Hand
Primary FirstMarch 13, 2012$0.00$206,152.11$(339.46)$205,662.65
Pre-PrimaryApril 9, 2012$205,662.65$78,082.76$(25,534.47)$257,785.77
Post-PrimaryMay 24, 2012$257.785.77$226,460.79$(34,608.46)$440,176.32
Pre-General FirstSeptember 25, 2012[28]$0.00$206,152.11$(339.46)$205,662.65
Running totals
$716,847.77$(60,821.85)

Kathleen Kane

Kathleen Kane Campaign Finance Reports
ReportDate FiledBeginning BalanceTotal Contributions
for Reporting Period		ExpendituresCash on Hand
Primary FirstMarch 13, 2012$2,009,991.42$58,477.46$(73,479.30)$1,994.909.58
Pre-PrimaryApril 9, 2012$1,994,909.58$71,938.05$(1,433,579.36)$633,268.27
Post-PrimaryMay 24, 2012$633,268.27$178,815.39$(805,560.03)$1,728.82
Pre-General FirstSeptember 25, 2012[29]$1,728.82$1,481,285.56$(250,739.47)$1,221,764.23
Running totals
$1,790,516.46$(2,563,358.16)

Patrick Murphy

Patrick Murphy Campaign Finance Reports
ReportDate FiledBeginning BalanceTotal Contributions
for Reporting Period		ExpendituresCash on Hand
Primary FirstMarch 13, 2012$1,043,016.65$2,300.00$(33,417.46)$2,871.50
Pre-PrimaryApril 9, 2012$1,043,016.65$307,901.43$(165,240.27)$1,183,177.81
Post-PrimaryMay 24, 2012$415,002.29$474,570.46$(878,801.65)$6,175.47
Running totals
$784,771.89$(1,077,459.38)

Campaign sites/media

Campaign sites

Democrats

Republicans

Third Party

Advertisements & other media

David Freed


Kathleen Kane
PAC ads
Republican State Leadership Committee: "Backpack"

Former candidates

Patrick Murphy

News

See also

Pennsylvania

Articles

See above "News" tab

External links

Footnotes

  1. ↑ Philadelphia Inquirer, "Election Results 2012," accessed November 7, 2012
  2. ↑ 2.0 2.1 PoliticsPA, "Burns CM Kelly joins Freed AG campaign," March 8, 2012
  3. ↑ PoliticsPA, "McCafferty CM moves to Team Kane," February 20, 2012
  4. ↑ Governing Politics, "Attorney General Races: Democrats' odds improving," October 12, 2012
  5. ↑ Philadelphia Daily News, "Rape victim's dad called GOP group's ad about Kane a lie," September 21, 2012
  6. ↑ YouTube Channel, "Backpack," accessed September 24, 2012
  7. ↑ PoliticsPA, "Father of rape victim rebukes anti-Kane group," September 21, 2012
  8. ↑ 8.0 8.1 PoliticsPA, "3 Days Later, GOP Anti-Kane Ad Still Around (Watch Video)," September 24, 2012
  9. ↑ PoliticsPA, "McCafferty CM moves to Team Kane," February 20, 2012
  10. ↑ PoliticsPA, "Third Dem – Former U.S. Rep. Don Bailey – Makes Attorney General Ballot," February 27, 2012
  11. ↑ 11.0 11.1 11.2 Philly.com, "Third Democrat emerges in PA attorney general race," February 29, 2012
  12. ↑ PoliticsPA "Bailey to run for AG as Indy not Dem," March 10, 2012
  13. ↑ David Freed for AG, "Endorsements," accessed February 15, 2012
  14. ↑ PoliticsPA, "Burns CM Kelly joins Freed AG campaign," March 8, 2012
  15. ↑ Kathleen Kane for AG "Press Release-President Clinton Endorses Prosecutor Kathleen Kane for Pennsylvania Attorney General," March 26, 2012
  16. ↑ The Associated Press, "Murphy, Kane, bring contrasting backgrounds to Democratic race for attorney general," April 14, 2012
  17. ↑ Cumberland Link, "Murphy backs Kane for PA attorney general," May 15, 2012
  18. ↑ PoliticsPA, "McCafferty CM moves to Team Kane," February 20, 2012
  19. ↑ Thedailyreview.com, "Candidates for Pa. Legislature, statewide office speak in Wysox," February 21, 2012
  20. ↑ 90.5 Essential Public Radio, "David Freed Unopposed as GOP State Attorney General Candidate," February 20, 2012
  21. ↑ San Francisco Chronicle, "In AG race, GOP's Freed favors video as evidence," July 27, 2012
  22. ↑ PoliticsPA, "Third Dem – Former U.S. Rep. Don Bailey – Makes Attorney General Ballot," February 27, 2012
  23. ↑ PoliticsPA "Bailey to run for AG as Indy not Dem," March 10, 2012
  24. ↑ Benenson Strategy Group Kane-Poll-Memo, "Recent Pennsylvania Attorney General Primary Election Polling, " January 30, 2012
  25. ↑ PoliticsPA "Reader poll-Murphy runs away with AG race," March 30, 2012
  26. ↑ NBC 10 Philadelphia, "Murphy vs. Kane Debate," February 10, 2012
  27. ↑ PoliticsPA, Kane & Murphy Debate at Summit," February 11, 2012
  28. ↑ Pennsylvania Department of State, "Campaign Finance Reports," accessed OCtober 26, 2012
  29. ↑ Pennsylvania Department of State, "Campaign Finance Reports," accessed OCtober 26, 2012
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