More than a half century has passed since the state attorney general's seat has been open and up for grabs on Election Day.

For seven decades, Georgia governors have appointed a series of AGs who stood as incumbents and won re-election. This time, however, current Attorney General Thurbert Baker will step down at the end of the year because he chose not to seek re-election, instead running for governor and losing in the Democratic primary.

There are two well-financed campaigns vying to succeed Baker. Democrat Ken Hodges, who spent 12 years as a South Georgia district attorney, is facing off against Republican Sam Olens, the former Cobb County commission chairman. Savannah lawyer Don Smart, the Libertarian candidate, hopes to be a spoiler and force a runoff.

The AG's race may be one of the best chances for a Democrat to win a statewide race this year, said Kerwin Swint, a political science professor at Kennesaw State University.

"Hodges is from South Georgia, where he has support from many voters, and he also has strong support from a lot of sheriffs and the law enforcement community who don't necessarily care about party," Swint said. "With Olens, you have a likable, popular and successful politician who is pretty well known across the metro area and who's fairly moderate, not an idealogue."

Hodges cannot afford to focus on his Democratic Party roots because it's not a good year for Democrats, Swint said. "I wouldn't necessarily say he's got a real good shot to win it, but it is one of the more interesting races."

A recent InsiderAdvantage poll conducted Oct. 10 of 522 registered voters who said they will vote in November had Olens at 50 percent and Hodges at just more than 40 percent.

Smart, 59, who previously lost congressional and legislative campaigns running as a Democrat, thinks he may get enough votes to force a runoff between Hodges and Olens. "It looks like a close race," he said.

Olens so far has raised $1.36 million, just edging out Hodges, who raised $1.31 million in campaign contributions as of the end of September. But during the most recent three-month reporting period, Hodges outraised Olens, bringing in $521,800 to Olens' $355,067. And heading into the final weeks of the campaign, Hodges has more cash on hand.

Hodges, 45, who was raised in Albany and recently moved to Atlanta, ran and beat the incumbent district attorney in Dougherty County in 1996 and served three terms before deciding to run for AG. As the county's top prosecutor, Hodges created a child crimes prosecution unit and established a nursing unit that examines sexual assault victims and now serves a 27-county area. He also made headlines by taking on predatory lenders and helping convict the county's assistant police chief, who was involved in a bribery scheme.

If elected AG, Hodges said his priorities include prosecuting public corruption and corporate fraud, protecting children from online predators and working with local law enforcement to fight violent crime. During the campaign, he has run as a conservative, law-and-order Democrat and has picked up the endorsements of more than 90 sheriffs and almost three dozen district attorneys from across the state.

Hodges has not shied away from taking swipes at Olens. "I'm a prosecutor, he's a politician," Hodges said. "I've done it. He talks about it."

Hodges also said Olens wants to use the AG's office as a political steppingstone. "Sam got in the AG's race to be governor," Hodges said. "That, quite frankly, is a dangerous thing. The next AG will have to make decisions who to prosecute public corruption cases. If you're running for governor, like Sam is, you might choose not to prosecute public officials who might be politically advantageous to you in the future."

Olens, 53, said he will not shy away from prosecuting anyone if the evidence is there to do it.

"People who know me know that I am a straight shooter and I don’t back down from a fight," Olens said.

As for the personal attacks, he said: "I may be running the only campaign in this state that refuses to be negative. I’m running hard every day to be the state’s attorney general, and I refuse to get involved in a negative campaign."

His top priorities, Olens said, would be to prosecute public corruption and health care fraud, strengthen ethics laws, highlight customer service at the AG's office and solve the tri-state water dispute. Like Hodges, he supports raising the water level of Lake Lanier by 2 feet.

As former chairman of the Cobb County Commission and the Atlanta Regional Commission, Olens was considered a bridge-builder who worked hard to strengthen ties between Atlanta and its suburban neighbors. Olens notes he has led a county government with 4,500 employees and an annual budget of $800 million.

"I'm proud of my record supporting law enforcement, championing open government and putting fiscal conservatism into action," he said. "I have the experience to be AG from Day One."

Georgia Attorney General’s Office

The office serves as the legal adviser for all state agencies and the governor. Among its duties:

  • Provides legal opinions for the state and its agencies;
  • Represents the state in death-penalty appeals;
  • Represents the state in civil cases before any court;
  • Prosecutes public corruption cases and conducts investigations of questionable activity concerning a state agency or individual who does business with the state;
  • Initiates civil or criminal actions on behalf of the state when requested to do so by the governor.

Ken Hodges (Democrat)

Age: 45

Home: Atlanta

College: Emory University

Law school: University of Georgia

Professional: After working for an Atlanta law firm, returned to his hometown, Albany, and won election to become district attorney, defeating the incumbent, and was re-elected in 2000 and 2004.

Campaign website: www.kenhodges.com/

Cash raised: $1,314,031

Cash on hand: $403,864

Sam Olens (Republican)

Age: 53

Home: Marietta

College: American University

Law school: Emory University

Professional: Has been a partner of the firm Olens & Ezor since 1983; was elected Cobb County commissioner in 1998 and was elected chairman of the commission in 2002 and served until March 2010; in 2004, was elected chairman of the Atlanta Regional Commission.

Campaign website: http://olensforag.com/

Cash raised: $1,368,142

Cash on hand: $355,067

Don Smart (Libertarian)

Age: 59

Home: Savannah

College: West Georgia College

Law school: Emory University

Professional: Served in the U.S. Marine Corps on active duty from 1975 to 1979 and in the Marine Corps Reserve as a lieutenant colonel until 1999; has practiced law in Savannah since 1980 and is now a principal of a general practice firm, Smart & Harris.

Campaign website: http://smartforattorneygeneral.com/

Cash raised: $8,973

Cash on hand: $297

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