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Utah Attorney General election, 2012

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2014


Utah Attorney General
StateExecLogo.png
Primary Date:
June 26, 2012
General Election Date:
November 6, 2012

State Executive Elections
State executive official elections in 2012


The Utah attorney general election took place on November 6, 2012, following a primary election on June 26, 2012.

Deputy attorney general John Swallow (R) defeated Dee W. Smith by a margin of 65-30 percent in the general election.[1]

Republican Party John Swallow (R)Green check mark transparent.png
Democratic Party Dee W. Smith (D)
Libertarian Party W. Andrew McCullough (L)

In the Republican primary, outgoing attorney general Mark Shurtleff's deputy chief John Swallow defeated attorney Sean D. Reyes.[2] He met two other candidates in November's general election: Weber County Attorney Dee W. Smith (D), who ran unopposed for his party's nomination, and Libertarian W. Andrew McCullough.[3]

Utah Attorney General Mark Shurtleff (R) did not seek re-election to a fourth term. Four candidates filed with the Lt. Governor to fill his position. The pool of candidates included two Republicans, one Democrat, and one Libertarian.

Sean D. Reyes (R), a recipient of Utah's "Young Lawyer of the Year" award, served as general counsel for the media and technology company eTAGZ.[4] As an advocate of community outreach programs, Reyes had founded multiple nonprofit organizations dedicated to education, business, and anti-fraud awareness.[5]

Former state legislator John Swallow (R) was appointed chief deputy attorney general by Shurtleff in 2009. He oversaw the civil division, spearheading the state's legal land battles against the federal government, and most prominently, the battle to strike down Obamacare. He was the early favorite for the Republican nomination and enjoyed a commanding lead in fundraising over Reyes as of the June 19 financial disclosure reports. He also spent nearly $200,000, about twice as much as Reyes.[6]

In the weeks leading up to the primary, the Republican candidates took turns defending themselves against negative advertising campaigns organized by the opposing SuperPAC. The majority of anti-Reyes TV and radio spots were sponsored by a Las Vegas-based PAC called "It's Now or Never." The ads claimed Reyes lacked the civility required of a public servant based on a past reckless driving episode, as well as accused him of making an illegal, under-the-table cash contribution to his political consultant. The accusation originated from a campaign finance reporting mishap in April involving a $5,000 reimbursement. The sum was misreported as a contribution, according to Reyes, and it was settled swiftly by the lieutenant governor's office, which oversees state elections.[7] Reyes retaliated by bringing up a disclosure incident from Swallow's 2002 congressional campaign, in which case penalties were exacted, unlike the recent incident with his treasurer. "He knows he can't beat me when it comes to credentials, either legal credentials or leadership credentials, so he resorts to these kinds of bush league tactics. "[8] The UTE SuperPAC, which distributed mailers and primarily radio advertisements opposing Swallow, claimed that the deputy attorney general was under federal investigation for allegedly intervening in a Salt Lake County bidding process.[7] Swallow's campaign maintained that the mailer, which suggested he would be federally indicted, was false and described it as a "malicious hit piece and a potential violation of state law."[9]

Democratic Weber County attorney Dee W. Smith said he believed his work prosecuting death penalty cases and other high-profile crimes qualified him for the state's top legal office. "I’ll be focusing on being a strong voice for law enforcement," he said of his plans.[3] Smith was unopposed in the primary and promised not to let the campaign impinge on his caseload.

Libertarian candidate W. Andrew McCullough was a practicing attorney in Midvale, specializing in First and Fourth Amendment law. He was spurred to run by news of Democratic opponent Smith's candidacy, feeling it was his responsibility to represent the Libertarian party on one of its most important issues. “We’re against the death penalty, and he’s a death penalty guy, so I had to file,” McCullough said. The 2012 race was the third time that McCullough had run for attorney general. “Who’s counting?” he told the Standard-Examiner after filing for the 2012 election.[3]

Election Results

General Election Results

Attorney General of Utah General Election, 2012
Party Candidate Vote % Votes
     Democratic Dee W. Smith 30.1% 269,893
     Republican Green check mark transparent.pngJohn Swallow 64.6% 579,118
     Libertarian W. Andrew McCullough 5.3% 47,347
Total Votes 896,358
Election results via Utah Lieutenant Governor (dead link)


Primary Election Results

Attorney General of Utah, Republican Primary, 2012
Candidate Vote % Votes
Green check mark transparent.pngJohn Swallow 68% 156,644
Sean D. Reyes 32% 73,868
Total Votes 230,512
Election results via Utah.gov.

[10]

Candidates

Contents
1 General Election Candidates
2 Primary Candidates
2.1 Democratic primary candidates
2.2 Republican primary candidates
2.3 Libertarian candidates

General Election Candidates

Primary Candidates

Donkey symbol.png Democratic primary candidates

  • Weber County attorney Dee W. Smith of South Ogden identified his top campaign priorities as addressing what he described as the three main threats to families: "illegal drugs, identity fraud, gangs and Internet crimes against children."[3]

Gop logo2.jpg Republican primary candidates

  • Cottonwood Heights attorney Sean D. Reyes was a popular figure in local, state, and national politics, particularly within the Republican party for his service as a delegate, appointed member of the State Central Committee, and adviser on Latino issues. If elected, Reyes, who mentioned repealing Obamacare as his main priority for the office, would have become Utah’s first statewide-elected official from a minority community.[4]
  • Deputy chief attorney general John Swallow of Sandy oversaw the civil division of the Attorney General’s office and played a key role in the state's legal efforts related to land use and against federal health reform. In a Feb 13 statement, Swallow said "I have seen the federal government's intrusion into our lives at almost every level and am committed to putting an end to it."[11]

Libertarian candidates

  • Midvale attorney W. Andrew McCullough's campaign focused on Libertarian values such as reduced regulation in the markets and decriminalization of marijuana.

Polls

  • Q. Utah Policy.com polled Republican Insiders (poll#1), Democratic Insiders (poll#2), and readers (#3) asking who they think was most likely to win in the event of a primary face-off between attorney general candidates Sean Reyes and John Swallow.
    • According to the Republican insiders and readers who responded to the poll, Swallow had an overwhelming advantage over Reyes as of April 30, when the poll was conducted. Democratic insiders estimated Reyes' chances to be significantly better, however, putting him two points behind his primary opponent.


2012 Reyes VS Swallow
Poll Sean D. Reyes John Swallow
[1]
April 30, 2012
36%64%
[2]
April 30, 2012
49%51%
[3]
April 30, 2012
31%69%
AVERAGES 38.67% 61.33%
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.


Republican Attorney General Selection
Poll Sean Reyes John SwallowSample size
[4]
March 14, 2012
55%45%803
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.

Campaign finance

Contents
1 Due dates for reports
2 Candidates

Due dates for reports

The Lieutenant Governor of Utah administers campaign finance law and maintains all records online.

For the primary election:

  • Pre-convention report -- due 7 days before the party convention
  • Pre-Primary report -- due by June 19, 2012
  • Post-Primary report -- due by August 31, 2012

For the general election:

  • Pre-general report -- due by October 29, 2012
  • Year-end -- due by January 31, 2013

Candidates

Dee W. Smith

Dee W. Smith Campaign Finance Reports
ReportDate FiledBeginning BalanceTotal Contributions
for Reporting Period
ExpendituresCash on Hand
Pre-ConventionApril 15, 2012$0.00$9,152.60$(79,042.07)$483.24
Pre-PrimaryJune 19, 2012$483.24$15,624.21$(9,213.95)$6,983.590
Post-PrimaryAugust 31, 2012$6,893.50$22,078.12$(19,835.57)$9,136.05
Pre-General[12]October 29, 2012$9,136.05$18,356.00$(19,733.50)$7,758.55
Running totals
$65,210.93$(127,825.09)

John Swallow

John Swallow Campaign Finance Reports
ReportDate FiledBeginning BalanceTotal Contributions
for Reporting Period
ExpendituresCash on Hand
Pre-ConventionApril 16, 2012$0.00$453,493.37$(159,890.66)$293,603.71
Pre-PrimaryJune 19, 2012$273,840.44$225,615.00$(427,686.68)$71,768.76
Post-PrimaryAugust 31, 2012$71,768.76$555,175.41$(179,627.39)$447,316.78
Pre-General[13]October 29, 2012$$$()$
Running totals
$1,234,283.78$(767,204.73)

W. Andrew McCullough

W. Andrew McCullough Campaign Finance Reports
ReportDate FiledBeginning BalanceTotal Contributions
for Reporting Period
ExpendituresCash on Hand
Pre-ConventionApril 16, 2012$0.00$1,169.67$(531.74)$637.93
Pre-PrimaryJune 19, 2012$637.93$1,419.00$(1,013.79)$1,043.14
Post-PrimaryAugust 31, 2012$1,043.14$155.20$(504.40)$693.94
Pre-General[14]October 29, 2012$693.94$5,478.65$(5,877.78)$294.81
Running totals
$8,222.52$(7,927.71)

Former candidates

Sean D. Reyes Campaign Finance Reports
ReportDate FiledBeginning BalanceTotal Contributions
for Reporting Period
ExpendituresCash on Hand
Pre-ConventionApril 16, 2012$0.00$331,528.33$(248,447.68)$93,080.65
Pre-PrimaryJune 19, 2012$83,080.65$77,114.78$(148,382.66)$11,812.77
Running totals
$408,643.11$(396,830.34)

Campaign Sites/Media

Campaign sites

Democrats

Republicans

Advertisements/Videos

  • Sean Reyes

  • John Swallow

News

Key Dates

Key dates

  • Administrative deadlines are at close of business (5:00) unless otherwise noted.
Deadline Event
Mar. 9 - Mar. 15 Candidate filing period
June 26 Primary election
Nov. 6 General election

Additional reading

See also

Articles

External links

Footnotes