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Monetizing Prosecutorial Discretion

Published online by Cambridge University Press:  06 May 2026

Michael Heise*
Affiliation:
Cornell Law School, Cornell University , Ithaca, NY, USA
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Abstract

Campaign contributions – their salience, how they distribute, and their implications for political accountability and local control – have been studied extensively in the executive, legislative, and, increasingly, state judicial contexts. How reported campaign contributions vary across local prosecutor candidates as well as inform prosecutor election outcomes, however, are comparatively less well understood despite an increasing amount of campaign contributions flowing into local prosecutor elections over time. Drawing from a leading and recently released dataset that links campaign information from 3,123 local prosecutor candidates and the most recent election cycles across 2,205 districts between 2012 and 2019, this study seeks to develop an initial accounting of factors which plausibly inform local prosecutor candidates’ campaign fundraising success. To do so, the models evaluate how reported campaign contributions distribute at the individual candidate and district levels and separate contested and uncontested prosecutor elections. When it comes to campaign contribution totals, while findings from contested and uncontested election models, as expected, evidence important differences, these differences are generally stable across the candidate and district levels. Comparing findings from candidate- and district-level models, by contrast, uncovers an important difference involving incumbency status. Taken together, the findings make clear that while campaign contributions inform prosecutor election outcomes, factors that inform fundraising success vary across contested and uncontested elections as well as across candidate- and district-levels. These variations, in turn, raise important distributional concerns.

Information

Type
Special Issue Article
Copyright
© The Author(s), 2026. Published by Cambridge University Press on behalf of the Law and Courts Organized Section of the American Political Science Association
Figure 0

Table 1. Descriptive Statistics, by Election TypeTable 1. long description.

Figure 1

Figure 1. (A) Total Campaign Contributions to Prosecutor Candidates, By Election Type. (B) Total Campaign Contributions Across Prosecutor Candidates Within District, By Election Type.Notes: (A) Candidate-level dataset; N = 3,123. (B) District-level dataset; N = 2,205.Source: Local Prosecutor Campaign Contributions, 2012–2019, Prosecutors and Politics Project Dataverse, UNC Dataverse (June 23, 2023) (candidate- and district-level datasets).Figure 1. long description.

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Table 2. Total Contributions to Prosecutor Candidates, by Election TypeTable 2. long description.

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Table 3. Contestation and Incumbency in Prosecutor Elections, by District PopulationTable 3. long description.

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Table 4. Mean Campaign Contributions in Contested Prosecutor Elections, by Candidate OutcomeTable 4. long description.

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Table 5. Zero-Inflated Negative Binomial Regression Models of Campaign Contributions to Prosecutor Candidates, by Election Type (Candidate Level)Table 5. long description.

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Table 6. Zero-Inflated Negative Binomial Regression Models of Campaign Contributions Across Prosecutor Candidates Within a District, by Election Type (District Level)Table 6. long description.

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Table 7. Logistic Regression Model of Contested Prosecutor Election Outcomes (Candidate Level)Table 7. long description.

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Figure 2. Marginal Effects of Candidate Incumbency on Campaign Contributions to Prosecutor Candidates, Contested Elections (Candidate Level).Notes: N = 1,566; 95% confidence interval.Source: Local Prosecutor Campaign Contributions (candidate-level dataset), 2012–2019, Prosecutors and Politics Project Dataverse, UNC Dataverse (June 23, 2023).Figure 2. long description.

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Figure 3. Marginal Effects of a Contested Election Involving an Incumbent on Total Campaign Contributions Across All Candidates Within a District, Contested Elections (District-Level).Notes: N = 652; 95% confidence interval.Source: Local Prosecutor Campaign Contributions (district-level dataset), 2012–2019, Prosecutors and Politics Project Dataverse, UNC Dataverse (June 23, 2023).

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Figure 4. Marginal Effects of Candidate Incumbency on Election Win, Contested Elections.Notes: N = 1,566; 95% confidence interval.Source: Local Prosecutor Campaign Contributions (candidate-level dataset), 2012–2019, Prosecutors and Politics Project Dataverse, UNC Dataverse (June 23, 2023).Figure 4. long description.