Voter guide to Pennsylvania Attorney General election: DePasquale, Sunday & third-party candidates

What's at stake: The attorney general defends Pennsylvania in court cases and defends its laws — including its election laws. Republican Dave Sunday touts his long record as a prosecutor, most recently as DA of York County and Democrat Eugene DePasquale's lack of prosecutorial experience. DePasquale has served statewide as auditor general and says his credentials are similar to those of Josh Shapiro, who previously held the office. The candidates have differences on issues such as abortion rights, legalizing marijuana and capital punishment. But for other issues more under the attorney general's control — such as prosecuting drug traffickers — the candidates are not far apart. Four minor-party candidates are eager to point out those similarities.

Republicans won every attorney general race between 1980 and 2012; since then, the winners have all been Democrats. But Sunday's campaign enjoys a 4-to-1 advantage in spending on TV ads this election, thanks largely to outside money, including millions from Republican billionaire Jeff Yass.

Further reading: " Pa. attorney general candidates tackle abortion, marijuana and death penalty in first debate " (Tom Riese, WESA) " Spot Check: Well-funded AG race ad tries to tie candidate to 'defund the police' calls " (Chris Potter, WESA) " Pa.'s richest person is pumping millions of dollars into the race for attorney genera l" (Katie Meyer, Spotlight PA) " Pa. attorney general candidates bring in millions, but donations are mostly from a few sources " (Peter Hall, Pennsylvania Capital-Star)

Robert Cowburn

Cowburn says his goal is to return power back to individuals, as opposed to pushing any particular programs or policy proposals. He would advocate for fewer regulations on business and more parental involvement in schools. He thinks drugs, including fentanyl, should be legalized and believes there should be fewer police officers on the street and more investigating crimes. The U.S. Supreme Court's Dobbs decision on abortion didn't go far enough, he said; individual counties should be allowed to have separate abortion laws from the Commonwealth.

Party: Place of residence: Education: B.S., Point Park University; J.D., Suffolk University Law School Current occupation: Trial attorney in civil and business litigation Related experience: President and chair of Libertarian Party of Pennsylvania; worked on the legal team that overturned undated mail-in ballots. Supporters/endorsements: None provided by candidate Links: Website | Linkedin Total fundraising (reported as of 10/1/24): None reported Further reading: " On the Issues: Robert Cowburn, Libertarian for PA Attorney General " (Ellen Frantz, PCN)

WESA Candidate Survey

Eugene DePasquale

In his eight years as auditor general, DePasquale became known for his reporters on such issues as a backlog in rape kits, the state child abuse hotline and the impacts of shale gas drilling. He says he believes he would have a leg up over his opponents because he's already led a state agency. DePasquale previously served for six years in the state House of Representatives and touted his transparency as a state legislator, posting his expenses online. He is prioritizing abortion rights, democracy, hate-crime laws and compassionate ways of addressing the opioid crisis.

Party: Place of residence: Uptown neighborhood, Pittsburgh Education: B.A., The College of Wooster; M.P.A., University of Pittsburgh; J.D., Widener University School of Law Current occupation: Adjunct professor Related experience: Pennsylvania auditor general (2013-2021); Pennsylvania House of Representatives (2007-2013) Supporters/endorsements: PA Conference of Teamsters, SEIU PA, One Pennsylvania, Pittsburgh Regional Building Trades Council and the Allegheny-Fayette Central Labor Council, Clean Water Action, Pennsylvania AFL-CIO, Pennsylvania State Education Association, Planned Parenthood Pennsylvania Advocates : Website | Facebook | X | Instagram | Youtube Total fundraising (reported as of 9/30/24): $3,478,111.72 (2023 ending cash balance: $179,965.25) : $1,500,958.69

Further reading: " Pennsylvania Attorney General candidate Eugene DePasquale talks top priorities " (James Crummel and George Stockburger, WHTM) " Fact Check: Is DePasquale qualified for job of Pennsylvania Attorney General " (Matt Barcaro, WGAL) " DePasquale to run for Attorney General in 2024 " (Mark Levy, AP)

WESA Voter Guide

There's a misconception that being 'tough on crime' is the same as being smart about safety — it's not. If locking people up instead of identifying root causes or prioritizing treatment worked, we'd have solved drug crime. Putting people with substance abuse disorder, like my dad, in prison didn't solve his addiction. As auditor general, I investigated treatment programs and advocated we should prioritize the solutions that work. I do not support the death penalty and agree with Governor Shapiro's decision to not sign death warrants. It's not been equally applied, and we can never be certain enough in our convictions to dispense this punishment.

I called for a legal, adult-use cannabis market in Pennsylvania as auditor general because of the revenue it would bring to the state and the safety improvements it would bring to our neighborhoods. With a legal, regulated market, we can shut down the illicit market that leads to dangerous, fentanyl-laced products that more easily get into the hands of children. There's no denying that we have an addiction problem in this country, and I think robust engagement with treatment and rehabilitation programs can stem a lot of the byproduct crime we see from drug use.

I would be honored to defend laws that expand voting access. Immateriality errors on mail-in ballots have disenfranchised too many people, and I'd like to see procedures changed to protect access to the ballot. As attorney general, my job isn't to pick the winner. My job is to make sure whoever the voters pick — actually gets upheld. I'll make sure that anyone who legally casts a ballot gets that vote counted and that the voters' will gets ratified.

I'm not heading to the attorney general's office to prioritize one type of crime over another, because any case where a Pennsylvanian is being hurt, cheated or wronged is important to me. My mandate will be to stand up to bullies and criminals — in whatever way they're trying to take advantage of you. I don't believe that there are victimless crimes, and the folks that go after your money or your security or your rights aren't going to get away with it under my administration.

In another Trump presidency, we know we'd see more attacks on access to abortion, and I'd use this office to fight for reproductive freedom. Abortion is legal in Pennsylvania, and I intend to protect that and protect the right of people coming here from ban states. Like then-Attorney General Shapiro did, I'd also fight for access to contraceptive care. Regardless of who the president is, I'd be on the lookout for any regulation that fails to protect consumers. Additionally, I have concerns about Trump's respect for democracy. I will be ready on day one to use the full extent of the power of this office to protect your vote.

Justin Magill

Magill served in the U.S. Army and runs a private law practice specializing in estate planning and business startups. He doesn't have his own campaign website, but the Constitution Party advocates more limited government and lists a series of policy positions that are more conservative than even the Republican Party. Those positions include opposition to same-sex marriage, laws that require gun registration and taxes and fees that regulate the economy. Magill and the party are also both strongly pro-life. Magill says he opposes laws that promote "the greater good," or laws aimed at protecting people from their own choices. He supports legalization of all substances — including illegal drugs.

Party: Constitution Party Place of residence: Erie, PA Education: B.S., Edinboro University of Pennsylvania; M.S., Liberty University; J.D., Roger Williams School of Law Current occupation: Attorney Related experience: Attorney Supporters/endorsements: None reported by candidate Total fundraising (reported as of 9/30/24): : $0

WESA Candidate Survey

The purpose of government is to secure individual rights. When public functionaries make "laws" that attack individual rights it creates mistrust of government and insecurity within the criminal justice system. Crimes that intentionally harm someone or persons who take from many victims should be punished severely, while lesser crimes may be sufficiently addressed with restitution. As with all cases in the criminal justice system, each case will be addressed as fact-specific. All legislation that attempts to "protect" individuals from themselves or that purport to enforce the "greater good" of society violate individual rights and must be terminated.

Government has no legitimate right to tell individuals what risk they can take for themselves nor what they may eat, drink, smoke, or inject, unless or until the individual attempts to violate the rights of others. Prohibition always creates violence and makes consumer protection impossible by moving items to the black market. The only way to fix drug abuse and addiction is to get rid of all laws preventing these items from being sold on the open market. These items could then be required to be labeled, and the attorney general could hold manufacturers and distributors liable for their products.

Elections officials must follow the law when it comes to election procedures. If they follow the law, I as attorney general would defend them even when the law appears foolish to me. Elections workers are entitled to the full protection of the law and the Office of Attorney General. However, if elections officials are not following election laws, they may be prosecuted for certifying elections in violation of the law. The right of the citizens of Pennsylvania to vote and have those votes count must be secured. Election integrity is fundamental to the legitimacy of our public functionaries' efforts.

The most important responsibility of the AG's office is that of a watchdog over public officials. Because the general public is limited in their ability to prosecute public functionaries and receive compensation from government bodies, it is imperative that the AG's office secure the rights of individuals and investigate wrongdoings brought to attention by the public. The second most important responsibility is that of consumer protection. The power of the AG's office can be brought to protect the free market from fraud and defective products in a way the general public cannot.

Suing the U.S. government is not, or should not be, about party agenda. The only suit I would bring would be for unconstitutional actions that violate the rights of Pennsylvanians. I would, however, assure local law enforcement that any U.S. government official arrested for violating the rights of Pennsylvanians in violation of the Constitution, would be prosecuted. Pennsylvanians deserve to have the power of the Pennsylvania government behind them when it comes to unconstitutional U.S. government actions against them. States must stand up for the rights of their citizens.

Eric Settle

Settle has been a lawyer for large health care companies for the past two decades after a stint working for former Gov. Tom Ridge. Settle was a Republican who became so disillusioned with the party under Donald Trump that he supported Democrat Josh Shapiro's bid for the governor's office in 2022. Settle believes voters want more moderate candidates who will act independently of political parties, since the job is supposed to be about the law, not politics. He has strong beliefs about preserving nonprofit health care facilities, and says he would hire a deputy with the prosecutorial experience he lacks. The Forward Party is hoping one of its candidates this year will reach 2% of the vote, which will give it increased status and ballot access in future elections.

Party: Place of residence: Bryn Mawr, Montgomery County : B.A., Colgate University; J.D., George Washington University; High school diploma, Harriton High School Current occupation: Attorney and candidate for Attorney General of Pennsylvania Related experience: Counsel for AmeriHealth Caritas (2017-2024); counsel for Aetna U.S. Healthcare (1997-2002); counsel for United Healthcare of Pennsylvania (2004-2006); counsel for AmeriChoice Health Services (2002-04); deputy general counsel to Gov. Tom Ridge (1995-1997) Supporters/endorsements: Andrew Yang; Christine Todd Whitman (former governor of New Jersey and U.S. EPA Administrator) : Website | Facebook | X | Instagram | Linkedin Total fundraising (reported as of 9/30/24): $15,170.05 : $5,971.53

Further reading: " The Forward Party's Eric Settle makes the case for an 'independent' attorney general in PA " (Justin Sweitzer, City and State)

WESA Candidate Survey

I agree with the trend towards leniency in the area of minor drug offenses. It recognizes the disparate impact on people of color. Using scarce resources on these generally victimless crimes creates more negative outcomes (incarceration and its long-term impact) than improve the quality of life of our communities. At the same time, we must prosecute criminal behavior against property and individuals. I also favor prosecuting parents of minor mass shooting assailants where there is clear evidence that the parents knew of the possibility of these.

Pennsylvania should join the national trend of legalizing the recreational use of marijuana. I think that the Commonwealth should create robust regulatory oversight and that the tax revenue generated should support addiction treatment programs for more dangerous drugs and education programs in our schools. As AG, I will work to protect Pennsylvania's borders from the importation of fentanyl and other illegal drugs and focus our efforts to investigate and prosecute the organized criminal drug operations that are harming our communities.

The role of the attorney general is to enforce the laws as drafted by the legislature and implemented by the governor. This means that there may be laws that I may not personally agree with that my office will support. However, as an independent attorney general, I will ensure that the laws that we defend are clearly constitutional and when possible governed by my belief that allowing the greatest possible participation by voters in fair elections is a fundamental legal right of all citizens and the bedrock principle of democracy of "a government by the people and for the people."

As someone with years of health care experience in government and the private sector, I feel very strongly that the AG must be a diligent watchdog over the continued efforts by for-profit business to acquire Pennsylvania's non-profit health care facilities. While I recognize that some of these transactions may be necessary to preserve health care access, I think the AG must only approve these transactions where there is a robust and detailed consent order that will protect both patients and healthcare workers.

Unlike my two major party opponents, this is an easy answer for me. As an independent attorney general, I will support or attack any federal regulation or initiative based on what is in the best interest of the people of the Commonwealth, regardless of who is in the White House. That is why Pennsylvania needs an independent AG because I am not beholden to either party or their respective Attorney General Associations and their special-interest donors that seek to impose undue influence on them.

Dave Sunday

Sunday is contrasting his experience as a prosecutor with his opponents' lack of courtroom experience. Sunday says public safety and the opioid epidemic are the two biggest issues facing Pennsylvania. He has looked into election fraud in York County and didn't find any. He opposes legalizing marijuana, doesn't believe there's a right to abortion and supports capital punishment. Yet Sunday was criticized during the primary by some in his party for his moderate stances, and for having previously been registered as a Democrat. Sunday defended his willingness to try tackling the underlying causes of the opioid epidemic and to listen to community-member concerns in the wake of the George Floyd killing.

Party: Place of residence: York County : B.S., Penn State University; J.D., Widener University Law Current occupation: District Attorney, York County Related experience: York County district attorney (2018-present); previously served as chief deputy prosecutor of litigation Supporters/endorsements: PA State FOP, PA State Troopers Association, PA Chamber of Commerce, National Federation of Independent Businesses. IAFF Local 22 (Philadelphia Firefighters), IUPAT DC 21 : Website | X Total fundraising (reported as of 9/30/24): $1,666,755.51 (2023 ending cash balance: $51,095.69) : $479,512.01

Further reading: " York prosecutor runs for DA, helped start heroin task force " (Liz Evans Scolforo, York Dispatch) " GOP attorney general candidates clash over Krasner, criminal justice reform " (Oliver Morrison, WESA) " AG candidate Dave Sunday touts record as prosecutor " (Ali Lanyon, WHTM)

WESA Candidate Survey

As York County District Attorney my philosophy has been rooted in holding people accountable for their actions and embracing redemption. 90% of people who encounter the criminal justice system are going to return to our neighborhoods. In York, I've worked with our churches, our recovery organizations, and our hospitals to ensure that people who want help are getting the help that they need. This has led to a reduction in drug overdoses and a reduction in our jail population. We must be laser-focused on those who are exploiting and harming people, which we have also done in York.

The question of marijuana laws is ultimately a question that rests with the legislature. As far as narcotics are concerned, York County is directly above Baltimore, which drives narcotics into our community. Working with the York Opioid initiative we have focused on a two-pronged approach to focus on the supply and the demand. With regards to demand, I laid that out above with efforts to get people treatment. As far as supply, I have worked in partnership with our state and federal partners to take down the drug trade in York, targeting gangs and the drug rings.

As the attorney general, your mandate is to follow and defend the law as passed by the legislature and signed by the governor. That's the job. Any question on this comes down to what does the constitution say and what does the statute in question say. Personal opinions toward the law shouldn't come into question. If we can just pick and choose what laws we are going to follow or defend, we don't have law anymore and chaos follows. As such, I will defend Pennsylvania's laws, and if someone's not comfortable doing so they shouldn't run for attorney general.

The protection of seniors, our children and the vulnerable is a primary function of the attorney general's office. One of the ways the attorney general does that is through the consumer protection bureau, which investigates fraud and deception. The attorney general's office must stay ahead of the scammers looking to exploit our seniors. Technology and AI are putting more and more seniors at risk of being the victims of fraud. The average amount stolen from a senior is an astronomical $38,000. I believe this is an area that needs more attention.

When it comes to litigation with the federal government I will apply the following standard. First, is Pennsylvania's law or prerogative as a state being infringed upon and secondly are Pennsylvanians' rights being infringed upon. If the issue at play doesn't do either of those things I don't believe that the State Attorney General should involve themselves. I don't believe in using lawsuits as a platform for personal promotion which I feel has been a temptation by people of both parties. Each decision will be made with only the facts and the law in mind.

Richard Weiss

Weiss ran for Senate in 2022 for the Green Party, largely touting a series of positions that are more liberal than those of the Democrats, and he received less than 1% of the vote. He opposes the Israel-Hamas war in Gaza and would sue federal officials that continue to provide military aid to Israel. He opposes cash bail and holding any nonviolent offenders who don't pose a risk to the community. He thinks paper ballots should be hand-counted, with computers just used to confirm results. He wants to ban fracking and supports more regulation of guns.

Party:

Place of residence: Bethel Park

Education: Bethel Park High School; B.A., University of Pittsburgh; J.D., University of Denver; LLM, American University; MBA, University of Chicago Current occupation: Related experience: Worked for the federal government and private firms overseas; grew up working in the family bakery business, Weiss Bakery in Brentwood. Supporters/endorsements: Green Party of PA, Green Party of Allegheny County : Website | X Total fundraising (reported as of 9/30/24)

: $0

WESA Candidate Survey

There should be no cash bail. A danger to the community should be held in jail until trial and not given the opportunity to pay to get out. There is no reason to spend taxpayers' money on incarceration of the elderly, infirm or nonviolent offenders, who can be diverted to other programs. We must end the practice of prison slave labor. Prison inmates work for pennies per hour for corporations, while the taxpayer pays for their incarceration. I will work to create a system of special courts and prosecutors dedicated to trials regarding charges of police misconduct. Regular courts and prosecutors rely on cooperation of police and thus are impeded from acting impartially.

I would treat cannabis similar to alcohol, i.e. as an intoxicant that could be the basis for a DUI, but not as a scheduled drug or controlled substance. However, the sale of more dangerous drugs like fentanyl, heroin and other narcotics is a crime and should be pursued vigorously. Drug use should not be criminalized but treated as a medical issue for the user. Drug companies that knowingly downplayed the risk and promoted opioids as safe, when they knew about their addictiveness and the problems it caused, should not be able to declare bankruptcy and avoid liability. That is what piercing the corporate veil is for, making shareholders and officers liable for using the corporation for fraudulent activity.

I have voted by mail from overseas. The issue should be, is this the vote of a registered voter? I would not invalidate the will of a valid voter for a vote received on time, simply because it is undated. Personally, I believe it should be OK to ask a voter without ID to have their fingerprint scanned and photograph taken. This biometric data could be used to prove that this person voted only once at one location. The burden of proving that this is not a valid voter should be on the challenger. I believe voting should be made easier, not more difficult. Make Election Day a holiday or move it to a weekend. Allow voting at post offices and public libraries for an entire month. Ideally ballots should be hand-marked and hand-counted, on camera.

I believe Pennsylvanians want clean water, clean air, and to avoid cancer. If elected, I will pursue those responsible for over half a million uncapped fracking wells in Pennsylvania and require owners of currently active wells to set aside funds for capping. To reduce crime, lower costs to taxpayers, protect consumers, renters, workers, the uninsured, the unhoused, those discriminated against and the disabled. I will not be partisan.