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Texas Attorney General Runoff: A Deep Dive into Legal Experience, Campaign Finance, and Public Policy
Key Takeaways
- •Middleton's almost $15 million in self-funding raises questions about campaign finance influence in critical legal elections.
- •The Attorney General's office, with 750 lawyers, requires significant legal expertise, making candidates' professional backgrounds a key public policy consideration.
- •Low voter turnout in runoff elections means a small segment of the electorate decides the state's chief legal officer, impacting broad constitutional and legal protections.
- •Candidates' platforms, including stances on trans rights and immigration, directly reflect potential shifts in public policy and legal challenges from the AG's office.
Alright, let's talk about something that really matters for Texans: the race for Attorney General. You might think politics is just about flashy headlines, but for an office like this, the legal details, campaign cash, and what it all means for you are huge. We're looking at a GOP runoff between State Senator Mayes Middleton and U.S. Representative Chip Roy, and it’s shaping up to be a pricey fight where legal smarts and deep pockets are on full display.
Now, three of the four Republicans who ran in the initial Attorney General primary last week actually had a ton of legal background. We're talking years of courtroom action and solid resumes. But then there’s Mayes Middleton. He's a state senator and he runs his family's oil and gas business, but he doesn't have that extensive legal history. What he *does* have, though, is a serious war chest: almost $15 million, nearly all of it from his own bank account. That kind of self-funding is pretty eye-popping, and it definitely got him into first place on March 3rd, beating out Chip Roy, who was an early favorite, by seven points. He didn't quite get over 50%, so now these two conservative heavyweights are set for a runoff on May 26th.
This second round is probably going to cost just as much, if not more, than the primary. Roy's going to need a big boost in donations to keep pace with Middleton's personal fortune. Roy also leaned on his own funds in the primary, moving about $2 million from his congressional campaign into his AG race. That left him with less than a quarter-million dollars for the runoff. This reliance on personal wealth really highlights how campaign finance laws, or the lack of them, can shape who gets to run and who has a real shot at these critical legal positions.
Think about it this way: turnout for these runoff elections is usually super low. We’re talking about a small slice of the electorate deciding who gets to be the state's top lawyer. Josh Blank, who's the research director at the Texas Politics Project, put it well: “Because turnout in these races is so, so low, you may think money doesn’t matter, but it’s like finding a needle in a haystack.” He's right. These voters aren't just few in number; they're spread out. Reaching them takes serious cash. It means that while money can't buy votes directly, it can certainly buy the advertising and outreach needed to get your message heard by the few who *do* vote.
Just over 2 million people voted in the GOP Attorney General primary, which is only about 11% of Texas's 18.7 million registered voters. We expect even fewer folks to show up in late May. For instance, back in 2022, only about 900,000 people voted in the Republican AG runoff between Ken Paxton and George P. Bush. This low turnout raises important questions about democratic representation. When such a small percentage of the population picks the state's chief legal officer, what does that mean for the broader public's interests and constitutional protections?
Both Roy and Middleton have signaled they're ready to spend big on ads and get their names out there, probably by hitting hard on their opponent's weaknesses. Roy is pointing to Middleton’s lack of legal experience, while Middleton is hammering Roy's past friction with former President Donald Trump. Middleton's post-election statement really laid it out: “This runoff will offer a clear contrast between me, a lifelong conservative who has always stood with President Trump and our party, versus D.C. insider Chip Roy, who sided with Liz Cheney and called for Trump’s impeachment.” He's making it about loyalty and political alignment, perhaps suggesting that an AG's primary role is political, not strictly legal.
Let’s dig into how they're trying to reach voters. Roy came into this race with a pretty big advantage in terms of name recognition. He's a fourth-term congressman, and he's often in national headlines because of his firm positions on things like government spending. Last October, only about a third of GOP voters didn't know enough about Roy to have an opinion. Middleton, though? Sixty percent of voters didn't know him well. That's a big gap. So, what did Middleton do? He opened his wallet.
Middleton flooded the airwaves, spending over $11 million on TV ads. He touted himself as “MAGA Mayes,” a clear nod to the Trump base, and attacked Roy for not being loyal enough to Trump. He also sent out tons of mailers, text messages, and showed up at every county party event he could. He started his campaign with a hefty $10 million of his own money, added another $1 million in December, and then kicked in an extra $2.7 million right before Election Day. While he got way fewer donations from others than Roy did, it didn't matter. His personal millions overshadowed everything else.
All that ad spending really closed the name recognition gap. Right before early voting, only 47% of GOP voters didn't know enough about Middleton to have an opinion. Roy, who spent less than half of what Middleton did on TV ads, barely moved his own name recognition numbers. Middleton ended up ahead of Roy by more than 150,000 votes, which really shows the power of his spending and his campaign's message, according to Blank.
Middleton's ads focused heavily on his alignment with Trump and the “MAGA” wing of the party. As one of the most conservative state legislators, he highlighted his work on restricting trans students from playing sports, limiting bathroom access for trans people, and stopping businesses from requiring employee vaccinations. These are all public policy positions that, if pursued by the AG, would have significant legal challenges and impacts on civil liberties. He hasn't said much about how he plans to run the agency itself, which has 4,000 employees and 750 lawyers, beyond saying he'd keep up the partisan work that the current Attorney General, Ken Paxton, has been doing.
Roy also talks about “red meat” conservative efforts, like pushing legislation to label cartels as terrorist groups, starting the Sharia Free America caucus to protect “Judeo-Christian values,” and backing the SAVE Act, which is a major voting access bill that Trump is pushing hard. These, too, have significant legal and constitutional implications, particularly concerning the scope of state power and individual rights.
But Roy has a hurdle: his past votes to certify the 2020 election and his comments that Trump's actions on January 6, 2021, were “clearly impeachable conduct.” These actions became fodder for his opponents. Even Trump has had mixed feelings about Roy, at one point calling for primary challengers, but also saying the congressman “isn’t easy but he is good”—a quote Roy actually used in some of his own ads.
Roy has painted himself as an Attorney General who would stick to the Constitution and conservative principles to protect Texas from federal overreach, no matter who's in the White House. That's a pretty strong stance for an AG, whose job is to be the state's top legal officer and defender of state laws, often against federal challenges. “He can’t lie about the fact that he’s had some differences with the president, so he’s leaning into having this independence, and that’s what you want in an attorney general,” Blank noted. “But that’s an open question, and as of right now, it might not be the winning position.”
Roy largely kept out of the mud-slinging during the primary, letting the other three candidates go at it. But now that it's just him and Middleton, and he’s in second place, he's upped the rhetoric. A new political action committee is running ads focusing on his efforts to control immigration, and he's been making the rounds, drawing a sharp contrast between his own experience and Middleton's. He didn't pull any punches in an interview: “He is a trust fund kid, who has never been in a courtroom, never practiced law, never prosecuted a bad guy, never been in the AG’s office,” Roy said. “I’d be hard pressed to hire him when I’m the attorney general.”
While Middleton is a lawyer by training and is registered with the State Bar of Texas, his work has been solely within his family's business. That’s a stark contrast to Roy, who, before getting elected to Congress in 2018, served as a top deputy under current Attorney General Ken Paxton. Roy helped Paxton build the office after he was first elected in 2014. He also worked for former Governor Rick Perry and Senators John Cornyn and Ted Cruz. This difference in hands-on legal and governmental experience is a key point in the race for an office that requires deep understanding of complex legal frameworks and state operations.
Blank isn't sure how much Republican runoff voters truly care about a candidate's legal resume compared to how conservative their message sounds. He points out, “Given the ethical cloud that has surrounded the state’s current attorney general throughout a significant share of his tenure, including his last reelection campaign, it doesn’t seem as though qualifications, from a legal perspective, are necessarily top of mind for most Republican primary voters when picking an attorney general candidate.” This suggests a public policy concern: are voters prioritizing partisan alignment over the legal qualifications needed to effectively run the state's largest law office and uphold its constitutional duties? Your state’s chief legal officer has a huge impact on your rights and daily life, from defending state laws to consumer protection and fighting federal policies. It's a job that demands more than just a political stance; it requires a deep commitment to legal principles and a functional understanding of the law.
Original source: Texas State Government: Governor, Legislature & Policy Coverage.
