Democrats finally see opening in attorney general's race with Rokita's controversies

The race for Indiana attorney general is more competitive this year than it’s been in a long time. Incumbent Republican Todd Rokita is seen by some as vulnerable, and Democrats have poured money and attention into backing their candidate, Destiny Wells.

Wells worked in the attorney general’s office a few years ago, under Rokita’s predecessor. And she said everyone she served with there has left the office.

“There is not one person left in my correctional litigation section who stayed. And that has continued,” Wells said. “And you've seen the institutional knowledge walk out the door.”

That’s been a criticism of Rokita’s tenure amid reports that many longtime staffers departed. Wells said turning that around would be a top priority.
 

“There are great reasons to be a government servant in that office. But you have to be proud of why you're there.” Wells said. “And, you know, if you're working under somebody like Todd Rokita and you don't even believe in the litigation that you're putting your name on, and you're embarrassed if your name is even on the pleadings.”

Rokita’s campaign did not respond to multiple requests for an interview.

Laura Merrifield Wilson, University of Indianapolis associate professor of political science, said controversies surrounding Rokita’s first term are why Democrats feel the race is winnable.

“So, Rokita has, by some measures, overstepped what the attorney general has a constitutional or a legal authority to do,” Wilson said. “He's obviously butted heads with some members of his party and certainly with plenty of people across the aisle.”

Many of the controversies link back to Rokita’s legal pursuit of Dr. Caitlin Bernard.

Bernard performed an abortion on a 10-year-old rape victim in the midst of the state’s debate over a near-total abortion ban. Rokita successfully got the state Medical Licensing Board to fine and reprimand Bernard for speaking to a reporter about the case. But his actions also generated a public reprimand from the Indiana Supreme Court against him and spawned multiple disciplinary investigations.
 

Wells has made that a centerpiece of her campaign, including participating in a fundraiser with Bernard. And she said she would approach the job very differently — even as it would be her duty to defend the state’s abortion ban.

“What we've seen out of the current attorney general is he's taken his partisan positions and he's used his authority when it comes to licensing to chill medical care … it is not the attorney general’s job to make the situation even more complicated,” Wells said.

So, what does Wells see as the job of the attorney general? She said refocusing the office’s priorities would include an emphasis on labor issues and workers’ rights.

“I mean, labor trafficking is one, because trafficking is already in the Indiana AG's office — in which they're really not paying attention to — but there's also worker [misclassification], wage theft, issues that the Department of Labor can't get wrap their arms around completely either, and neither can local prosecutors,” Wells said.

And Wells's positions have attracted some big dollar donations, including from labor groups.

READ MORE: What do I need on Election Day? The general election is Nov. 5
 

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But Rokita is still by far the favorite, with a clear financial advantage and some labor endorsements of his own. Wilson said part of the advantage is because the attorney general’s race has trouble cutting through “political noise.”

“In the presidential election cycle and with so many other things going on, I just don't think the race itself captures the same amount of attention that it would in other circumstances,” Wilson said.

Donald Trump is very likely to win Indiana this fall, and Wilson noted Rokita has closely aligned himself with Trump.

“In a different state, that might be a liability and maybe some of his actions and behaviors and headlines would be,” Wilson said. “But given the state of Indiana and given how many races we have … I would think, because it's the presidential election cycle, that there will be a lot of people take advantage of the straight ticket option and don't even glance at the name or title when casting their ballot.”

Wells ran statewide in 2022, in an unsuccessful bid for secretary of state. And she said she’s learned lessons from that run, including the need to encourage people not to vote straight ticket, which allows them to cast their ballot for one party with the push of a single button.

But it’s an uphill climb in a campaign for an office Democrats haven’t won in nearly three decades.
 

Brandon is our Statehouse bureau chief. Contact him at bsmith@ipbs.org or follow him on Twitter at @brandonjsmith5.