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Field of AG candidates emerges

Prospect of Coakley exit raises interest

By Andrea Estes
Globe Staff / October 4, 2009

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They are stealth candidates - politicking without actually asking for a vote, jockeying for an opening that doesn’t exist, looking for an edge in case it does.

A small group of state lawmakers has already set its sights on the job that would become available if Attorney General Martha Coakley, the state’s top law enforcement official, wins the Senate seat long held by Edward M. Kennedy.

They are phoning colleagues. Reaching out to key Democratic operatives. Drawing up lists of potential supporters. And quietly letting it be known to Speaker Robert A. DeLeo that they are interested.

That’s because under the Massachusetts Constitution, the Legislature decides who would become attorney general in the event of a vacancy. That means if Coakley wins the special election in January, the Legislature could find itself filling another key elective post by appointment just months after making the controversial decision to let the governor choose an interim successor to Kennedy in the Senate.

Because the House of Representatives has four times as many members as the Senate, and they vote in one joint session, it is the House - and, thus, DeLeo - which, for all intents and purposes, would choose Coakley’s successor. Such appointments are rare - the last one was in 1969 - and several lawyer-legislators are giddy at the once-in-a-lifetime prospect of winning statewide office without having to run for it.

Members of DeLeo’s leadership team - including majority leader James Vallee, Ways and Means Committee chairman Charles Murphy, and Financial Services chairman Pe ter Koutoujian - are all eyeing the opportunity and could be poised for an internecine battle. Barry Finegold, chairman of the Committee on Telecommunications, Utilities & Energy has also told colleagues he could be a candidate.

DeLeo, who is also a lawyer and could seek the position himself, has so far neither openly expressed interest in the job nor publicly pledged his support to anyone.

“He’s entirely focused on the affairs of the House,’’ said his spokesman, Seth Gitell. “It’s premature to talk about what would happen.’’

Most of the potential candidates would not comment, fearful of declaring interest in an office they may not win and angling for a position that is currently occupied.

Murphy refused to comment, Koutoujian declined to discuss the position, and Finegold didn’t return phone calls. Vallee would acknowledge only that he is interested. “Several members have approached me and are encouraging me to seek that position if Martha Coakley wins,’’ he said. “I’m exploring the possibility and discussing it with my family and friends.’’

For many lawmakers, however, the allure of the position may be dimmed by the fact that whoever is chosen would have to face reelection next year. With only a few months of service under his or her belt by primary time next September, the incumbent could have a hard time amassing the campaign funds and the name recognition needed to win.

That reality has prompted a slew of other potential candidates outside the House to consider running for the post next year, even if it means running against an incumbent.

Among the possibilities are Secretary of State William Galvin, who has proved he can win statewide. (If he happened to be appointed attorney general by the Legislature, the Legislature could then fill his job). Also interested are state Senator Steven Baddour of Methuen; former Lowell mayor Eileen Donahue; and several district attorneys, including Gerry Leone of Middlesex, William Keating of Norfolk, and Jonathan Blodgett of Essex.

“Martha was a colleague. We were DAs together,’’ Keating said. “She’s still the incumbent and I don’t want to speculate while someone is sitting in a seat. It’s a position that should it open - given the fact that it doesn’t open up that frequently - I’d certainly be interested in seeing what the situation is.’’

Said Blodgett: “I’ve gotten a lot of inquiries from friends and supporters but also some of my DA counterparts have encouraged me to consider it. I love what I’m doing and am very content being district attorney but I would certainly give consideration to the AG’s position if it becomes available.’’

Baddour said he, too, would consider running. “Should Martha be successful in her bid, I’d take a look at it,’’ he said. “At the same time I have a great job that I really enjoy.’’

Donahue, who narrowly lost a 2007 Democratic congressional primary to US Representative Niki Tsongas, said she is definitely interested.

“I’ve been practicing law for 30 years and I think my background is well suited to the position,’’ she said. “Time will tell what happens in that race. But if there is an opening, I’d look at it.’’

Though it could be difficult, it is not impossible for a state representative to run for and win statewide office in a crowded field soon after being appointed to fill a vacancy. It has been done before.

In 1964, then-state representative Robert Crane was appointed state treasurer to succeed John Driscoll, who quit to head the Massachusetts Turnpike Authority. Crane ran for office later in the year and beat three challengers for the Democratic nomination.

Indeed, incumbency can be a powerful thing.

“Anyone who has the job has the power of the office,’’ said one Democratic operative, who spoke on condition of anonymity because his boss eyed the potential opening. “You can generate a lot of press in six or eight months and dominate the public discourse. It’s an advantage you can’t buy.’’