Michigan attorney general race between Nessel, DePerno too close to call

It's too early to say who will be Michigan's next attorney general, but the race between Democratic incumbent Dana Nessel and Republican challenger Matthew DePerno remains very close.

As of 1 a.m. Wednesday with 62.4% of ballots tallied, Nessel had 1,545,000 votes while DePerno had 1,441,000 votes. That put Nessel up 50.5% to DePerno's 47.1%. Third-party candidate Joseph McHugh, a Libertarian, had almost 50,000 votes at the same time, an amount that might prove pivotal in what's expected to remain a competitive race.

The Associated Press, which the Free Press relies on for race calls, has not yet called the race.

Most votes in Oakland County were tallied, a metro Detroit area that has trended Democratic in recent elections. While GOP stronghold Hillsdale County still needed to count 40% of its votes, thousands of votes still needed to be counted in Democratic hotbeds like Detroit, Flint and Lansing.

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The fight for the state's top law enforcement officer remained tight throughout much of the campaign.

Nessel generally led DePerno in opinion polling, but the advantage was frequently within the margin of error. That came despite Nessel's built-in advantage as an incumbent, her ability to easily out-fundraise DePerno and spend millions of dollars in negative television ads and the fact roughly 7 out of 10 voters never heard of DePerno.

In a speech to Democrats shortly after midnight at Motor City Casino in Detroit, Nessel said, "things are looking pretty good right now," and she looks forward to being able to serve for another four years.

The race, she said, was about love over hate, unity over division, science over ignorance, equality over bigotry and racism, facts over lies, "and democracy over fascism."

Although DePerno made his name in Republican politics by touting 2020 election conspiracies, he called for patience and thanked election workers in a statement late Tuesday.

"I know we're all eagerly waiting to know who will be Michigan's next attorney general. We must respect the election process and ensure that every *legal* ballot is counted. I ask that my supporters remain patient as hardworking election workers complete the count," DePerno tweeted at 9:45 p.m.

That statement comes despite a comment DePerno told Trump-aligned operative Steve Bannon in August, when he suggested, "if you're a county, you can't get your vote in by that evening, by midnight, then let's not count those votes anymore."

The Free Press was blocked from covering an election night event in Novi slated to include DePerno and Republican secretary of state candidate Kristina Karamo put on by the Michigan Conservative Coalition, an organization that initially credentialed the Free Press but revoked it after DePerno's campaign took issue with an editorial published online Saturday. The Free Press editorial page operates independently of its news coverage. 

"We are looking forward to hosting more than 20 different news outlets at our Election night party. However, the Detroit Free Press will not be one of these credentialed outlets that is admitted. We fully support and encourage the freedom of the press, however the Detroit Free Press Editorial Board took the unprecedented step of attacking us for a second time because to their shock and amazement Matt DePerno was winning," the campaign said in a statement emailed Monday, before polls had opened or ballot counting had begun. 

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Nessel campaigned on her track record of consumer protection victories, ongoing criminal investigations of abuses by leaders in the Catholic Church and Boy Scouts of America and her successful legal efforts to protect LGBTQ Michiganders.

She excoriated DePerno for his stance against access to abortion, and her supporters tried to highlight an ongoing criminal investigation into the Kalamazoo lawyer's effort to undermine the 2020 election.

DePerno has denied any wrongdoing and has not been charged; a special prosecutor recently announced he would not make a decision in the case before election day.

The Republican nominee and his allies frequently attacked Nessel over personal choices and flippant comments. That included getting drunk at a college football game and joking about bringing a drag queen to every school. They heavily criticized Nessel for her office's inability to secure any convictions related to the Flint Water Crisis and for her refusal to investigate Gov. Gretchen Whitmer's administration over COVID-19 policies at long-term care facilities.

The fact Nessel couldn't easily beat DePerno caught Democrats off guard, as liberals heralded his rapid emergence as a power player in Michigan GOP politics while moderate Republicans lamented it.

The Kalamazoo attorney garnered substantial attention after the 2020 race as he championed election conspiracies through his lawsuit in Antrim County. Though the legal challenge emanating from the small, northern Michigan community sputtered, the so-called forensic analysis and other reports created through the lawsuit drew the praise of ex-President Donald Trump and his supporters.

Nessel − and a report from a Michigan Senate committee led by Republicans − blasted DePerno and others who peddled in election misinformation. But the work bolstered DePerno's prominence, pushing him ahead of former Michigan House Speaker Tom Leonard to earn the GOP's endorsement in April.

Unofficial vote tallies are expected sometime Wednesday, although it could take longer.

Reporter Paul Egan contributed to this report.

Contact Dave Boucher at dboucher@freepress.com or 313-938-4591. Follow him on Twitter @Dave_Boucher1.