Why Anne Marie Schubert’s political gamble for California attorney general likely backfired

It appears Sacramento County District Attorney Anne Marie Schubert’s bid for California attorney general may be over, but it’s not necessarily because she ran a lesser campaign than incumbent Democrat Rob Bonta or Republicans Nathan Hochman and Eric Early. It was simply because Schubert didn’t identify with a political party, and her political gamble, attempting to become the first nonpartisan candidate to win statewide office, seems to have failed.

Schubert, elected as the county’s chief prosecutor in 2014, was fourth in the initial returns Tuesday, earning about 8% of the vote statewide by 11 p.m. — well shy of Bonta’s commanding 58% lead, Hochman at 17%, and Early’s 15%. California voters made it apparent that there was little appeal for an independent candidate, especially in a race for the state’s chief law enforcement official.

Despite shedding her lifelong Republican affiliation four years ago, Schubert’s liberal bonafides as an openly gay trailblazer who supports abortion rights and wants stricter domestic violence laws weren’t enough to galvanize broader support and maximize the apolitical opportunity of California’s top-two primary system.

After Steve Poizner ran for state insurance commissioner as an independent in 2018 and lost to Democrat Ricardo Lara in the general election, Schubert’s inability to extend her campaign affirms the partisan materiality of California’s state offices where no Republican has won in 16 years.

In a two-party system, running in a top-two primary intended to assuage partisanship, Schubert failed to convince the wider electorate and most Republicans that her traditionalist platform could contend with Bonta’s data-driven liberal policies.

It didn’t matter that Schubert had more relevant experience and greater credibility than her Republican opponents to serve as California’s attorney general. Her support from law enforcement leaders, unions and crime victims wasn’t enough. Her office’s prosecution of the Golden State Killer case, her lawsuit against the state over the early release of inmates, her leadership on the unemployment fraud task force — the first wave of primary results made it clear that not identifying as a Republican was an obstacle she struggled to overcome.

Our board encouraged voters to send Schubert to the November election so Bonta could face a real test and California could have substantive debate over public safety issues that have taken center stage in this year’s midterms. We disagree with many of her decisions and policy views, including her pursuit of the death penalty in a state where it never happens, and her unwillingness to hold police officers accountable when they commit misconduct. Her support of harsher criminal sentences and her criticism of progressive prosecutors have failed to deter violent crime increases occurring under her watch in Sacramento County, demonstrating the merits for criminal justice strategies that incorporate more prevention.

Still, it’s unlikely that Bonta will get much of a challenge from whichever Republican advances, and that’s something Schubert will have to wrestle with as she ends her term as a lame duck district attorney without a political party.

This story was originally published June 8, 2022 at 5:00 AM.