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Cal Cunningham
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James Calvin Cunningham III (born August 6, 1973) is an American lawyer, politician, and retired military officer. A member of the Democratic Party and a lieutenant colonel in the United States Army Reserve, he served one term as a North Carolina state senator from 2001 to 2003. Having previously run for United States Senate in a 2010 primary, Cunningham was the Democratic nominee[1] for the 2020 U.S. Senate election in North Carolina, narrowly losing to incumbent Republican Thom Tillis.[2]

Key Information

Early life and education

[edit]

Cunningham was born in Winston-Salem, North Carolina, and grew up in Lexington, North Carolina. He attended Vanderbilt University before transferring to the University of North Carolina at Chapel Hill, graduating in 1996 with a bachelor's degree in political science and philosophy.[3][4] In the summer of 1993, Cunningham attended American University and interned on Capitol Hill for a subcommittee chaired by Senator Carl Levin.[5]

Cunningham received a Master of Science in public policy and public administration from the London School of Economics and a Juris Doctor from the University of North Carolina School of Law.[6]

Career

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U.S. Army Reserve

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In 2002, Cunningham was commissioned in the Army Reserve, Judge Advocate General's Corps. He is a graduate of the Officer Basic Course, Airborne School, and the Judge Advocate Officer Advanced Course.[7]

From 2007 to 2008, Cunningham was mobilized as the senior trial counsel for the Multi-National Corps in Iraq.[8] He was lead counsel in the first court-martial since 1968 of a contractor under the Uniform Code of Military Justice.[9][10] In 2011, Cunningham was assigned to work with a special operations task force in Afghanistan.[11]

Cunningham as a State Senator

State Senate

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In November 2000, Cunningham was elected to represent the 23rd Senate district of the North Carolina General Assembly, which included parts of Davidson, Rowan, and Iredell Counties.[12] At the time of his election, he was North Carolina's youngest legislator.[13] After his election, a defeated opponent challenged Cunningham's eligibility on the basis that he had moved back to the district a few days too late to meet the requirement of having lived there for a full year, but the courts rejected the challenge.[14] Cunningham declined to run for reelection after his district's territory was split between three Republican-leaning districts.[8]

Post-State Senate career

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Cunningham worked at the Wallace & Graham law firm from 2003 until 2004, when he joined Kilpatrick Townsend.[8][6]

Since 2003, Cunningham has served as an appointee of the Governor on the Board of Trustees of Davidson County Community College.[15] He also served as an appointee of the Governor on the North Carolina Banking Commission.[16] He is a former vice chair of the Governor's Crime Commission.[17][18]

In 2013, Cunningham joined the environmental services company WasteZero as vice president, government affairs, and general counsel. WasteZero helps support pay-as-you-throw waste reduction systems which municipalities in North Carolina and elsewhere have debated implementing.[19][20] Cunningham left WasteZero in March 2020, shortly after winning the Democratic nomination, but continues to work for the company as an independent contractor.[21][22]

U.S. Senate candidacies

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2010 primary campaign

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In 2010, Cunningham ran for the U.S. Senate seat held by Richard Burr.[23][24][25] Retired NATO Supreme Allied Commander General Wesley Clark endorsed Cunningham, saying that he would be "the first veteran of the wars in Iraq and Afghanistan to serve in the U.S. Senate", as did the state's largest organization of teachers, the North Carolina Association of Educators.[26][27] He finished second in the primary, but since no candidate received 40% of the vote, he advanced to a runoff with the first-place finisher, North Carolina Secretary of State Elaine Marshall, who ultimately won the nomination with 60% of the vote.[28]

2020 campaign

[edit]

Cunningham originally declared his candidacy for lieutenant governor of North Carolina,[29][30] but he withdrew in June 2019 to run for the United States Senate seat held by Thom Tillis instead.[31] During the primary, a Republican-allied Super PAC spent $3 million on ads attacking Cunningham and supporting left-wing state Senator Erica Smith in order to "amplify fault lines in the Democratic party."[32][33][34] On March 3, 2020, Cunningham won the Democratic primary with 57% of the vote.[35]

Cunningham stated his support of the Affordable Care Act and called for the expansion of Medicaid in North Carolina, as well as a public health insurance option.[36][37] He stated his opposition to the Green New Deal and his support for significant investment in green jobs and achieving net zero carbon emissions by 2050.[32]

In July 2020, incumbent Republican Thom Tillis claimed Cunningham had been "silent" on the issue of defunding the police, saying, "I assume his silence is consent." Cunningham had published an op-ed a month earlier stating his opposition to defunding the police, instead advocating police reform, including policies that "counsel de-escalation, prohibit chokeholds, limit no-knock warrants, and specifically address the use of deadly force."[38][39]

Cunningham narrowly led Tillis in the polls throughout much of the campaign.[40]

On October 3, the New York Times wrote that the race had fallen into "utter mayhem" within a period of a few hours after Tillis tested positive for COVID-19 and Cunningham admitted to exchanging sexual text messages with a woman who was not his wife, damaging an image that leaned heavily on his character and military service. Days later, the woman, Arlene Guzman Todd, stated that she had a consensual physical relationship with Cunningham in 2020.[41] The Army Reserve started an investigation into Cunningham.[42] Jeremy Todd, the husband of the woman who stated that she had had an affair with Cunningham, himself an Army veteran, called on Cunningham to drop out of the Senate race.[43] Asked repeatedly whether he had had other extramarital affairs, Cunningham declined to answer.[44][45][46][47]

Following the disclosure of the texts and his response, Cunningham "assumed a position of complete radio silence, withdrawing from the campaign trail [save] for a last-minute appearance in Charlotte with the rapper Common".[48] In late October, Cunningham's polling lead eroded.[49]

Tillis narrowly defeated Cunningham, 48.7–46.9%, on Election Day.[50] On November 10, 2020, a week after Election Day, Cunningham called Tillis to concede the race.[51]

Honors and awards

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For his service in Iraq, Cunningham was awarded the Bronze Star Medal for meritorious service as a lead investigator examining contractors.[52][53] In 2009, he received the General Douglas MacArthur Award for Leadership.[54][55]

Cunningham is a recipient of a Jaycees' Distinguished Service Award.[56]

In 2007, Cunningham was selected for a Marshall Memorial Fellowship.[57]

Personal life

[edit]

Cunningham and his wife, Elizabeth, have two children.[58][59] As of September 2020, he was an ordained elder in the Presbyterian Church.[60]

In October 2020, it was reported that Cunningham had exchanged sexually suggestive messages with a married woman who was not his wife. Cunningham confirmed the texts were authentic and apologized for his behavior.[59][58] The woman, Arlene Guzman Todd, stated that she had a consensual physical relationship with Cunningham in 2020.[61][62] The Army Reserve started an investigation into Cunningham.[63]

Electoral history

[edit]

North Carolina Senate election

[edit]

2000

[edit]
North Carolina Senate 23rd District, 2000 General Election[64]
Party Candidate Votes %
Democratic Cal Cunningham 27,726 53.37%
Republican John Scott Keadle 23,095 44.45%
Libertarian Lawrence James Clark 1,131 2.18%
Total votes 51,952 100
Democratic hold

United States Senate elections

[edit]

2010

[edit]
2010 United States Senate election in North Carolina, Democratic primary[65]
Party Candidate Votes %
Democratic Elaine Marshall 154,605 36.35%
Democratic Cal Cunningham 115,851 27.24%
Democratic Ken Lewis 72,510 17.05%
Democratic Marcus W. Williams 35,984 8.46%
Democratic Susan Harris 29,738 6.99%
Democratic Ann Worthy 16,655 3.92%
Total votes 425,343 100

Since no candidate received 40% of the vote in the primary, state law allowed a runoff election if requested by the second-place finisher. Cunningham requested such a runoff.[66]

2010 United States Senate election in North Carolina, Democratic primary runoff[67]
Party Candidate Votes %
Democratic Elaine Marshall 95,390 59.96%
Democratic Cal Cunningham 63,691 40.04%
Total votes 159,081 100

2020

[edit]
2020 United States Senate election in North Carolina, Democratic primary[68]
Party Candidate Votes %
Democratic Cal Cunningham 713,234 57.00%
Democratic Erica D. Smith 434,921 34.76%
Democratic Trevor M. Fuller 47,632 3.81%
Democratic Steve Swenson 33,481 2.68%
Democratic Atul Goel 22,016 1.76%
Total votes 1,251,284 100
2020 United States Senate election in North Carolina[69]
Party Candidate Votes % ±%
Republican Thom Tillis (incumbent) 2,665,598 48.69% −0.13%
Democratic Cal Cunningham 2,569,965 46.94% −0.32%
Libertarian Shannon Bray 171,571 3.13% −0.61%
Constitution Kevin E. Hayes 67,818 1.24% N/A
Total votes 5,474,952 100
Republican hold

References

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[edit]
Revisions and contributorsEdit on WikipediaRead on Wikipedia
from Grokipedia

James Calvin "Cal" Cunningham III (born August 6, 1973) is an American attorney and retired U.S. officer who served as a Democratic state senator in from 2001 to 2003. A member of the Democratic Party, Cunningham founded Cunningham Law, PLLC, after his legislative tenure, while maintaining a career in military legal service as a officer with deployments to and . His political prominence peaked in the 2020 U.S. election, where he won the Democratic primary but lost the general election to incumbent Republican Thom by 1.8 percentage points following public disclosure of an extramarital affair.
Cunningham earned a in philosophy and political science from the at Chapel Hill in 1996, a in and policy from the London School of Economics in 1997, and a from UNC School of Law in 1999. He completed U.S. Army JAG training, including basic and advanced officer courses, and received the General Leadership Award. As a in the Army Reserve, he served three active-duty tours, including as a staff judge advocate in Multi-National Corps-Iraq headquarters in . Elected to the State Senate at age 27, Cunningham represented District 23 for one term before opting not to seek reelection. He mounted unsuccessful U.S. campaigns in 2010 and 2016 primaries but secured the 2020 nomination with 56.7% of the Democratic vote. The general election campaign faltered in October 2020 when text messages revealed an intimate relationship with businesswoman Arlene Guzman Todd, whom Cunningham admitted to engaging inappropriately while married with two children. This prompted a U.S. Reserve investigation into potential violations of conduct standards as a serving , though no public resolution details emerged. Cunningham received 46.9% of the vote, conceding after a recount confirmed Tillis's victory. Since then, he has focused on private legal practice, investment, and real estate development in .

Early life and education

Upbringing and family background

James Calvin Cunningham III was born in 1973 in , and raised in Lexington in Davidson County. His parents, Calvin and Julee Cunningham, were high school sweethearts who married and lived in the family home for decades, with his father working as an attorney representing clients in Davidson County well into his seventies. Cunningham was the oldest of three siblings, including a named Catie. The family history included significant tragedies, such as a plane crash prior to his birth that killed numerous relatives and the death of his father's older brother, who served in the . As a , he worked summers at a brick company operated by his uncles, earning $3.35 per hour, and as a fry cook at a local , experiences his father described as teaching the value of fighting for . He was an avid reader who also played , soccer, and guitar.

Academic achievements

Cunningham earned a degree with honors in and from the at Chapel Hill in 1996. He then pursued graduate studies abroad, obtaining a in and from the London School of Economics and Political Science in 1997. Completing his , Cunningham received a from the University of North Carolina School of Law in 1999. No additional academic honors, such as scholastic awards or publications during his studies, are documented in available records.

Military service

Enlistment and roles in the U.S. Army Reserve

Following the September 11, 2001, terrorist attacks, James Calvin "Cal" Cunningham volunteered for service in the U.S. Army Reserve. In 2002, he received a direct commission as a in the Judge Advocate General's (JAG) Corps, leveraging his legal training to provide military justice and advisory services. As a JAG officer, Cunningham's roles included acting as a and legal advisor, handling cases involving law, operational counsel, and administrative proceedings within Reserve units. He progressed through ranks including Major and Deputy Staff , focusing on training and readiness in legal operations. Service records document his continuous tenure as a since commissioning. By 2019, Cunningham had attained the rank of , maintaining an active Reserve status with monthly unit training commitments.

Deployments and commendations

Cunningham served in the U.S. Army Reserve as a and captain during his deployment to from December 2007 to November 2008 as part of Operation Iraqi Freedom, attached to the at Fort Bragg. His role involved developing systems to ensure accountability for contractors in military operations. He completed a second deployment to from August 2010 to October 2011. For his meritorious service in , Cunningham received the , recognizing his pioneering efforts in contractor oversight and operational leadership. He was also awarded the General Leadership Award, the Army Reserve's highest non-general officer honor, presented by the Army Chief of Staff at in recognition of his overall leadership contributions.

Political career

Service in the North Carolina State Senate


James Calvin Cunningham III was elected to the State Senate in the November 2000 general election, representing the 23rd district encompassing Davidson County and portions of surrounding areas. He defeated the incumbent Republican Pete Kuhnert, receiving 27,726 votes to Kuhnert's 24,244, for a margin of 53.37%. Cunningham assumed office on January 3, 2001, and was reelected in 2004 and 2008, serving continuously until January 2011.
During his tenure, Cunningham participated in legislative efforts on , , and oversight committees. He contributed to the passage of clean air legislation aimed at reducing emissions from coal-fired power plants, which reportedly achieved over an 80% reduction in harmful pollutants. As a member of the Joint Legislative Education Oversight Committee, he addressed issues related to public and funding in the state. Cunningham also advocated for land preservation initiatives and reforms during his service. Cunningham's legislative record reflected priorities aligned with Democratic positions in a Republican-controlled General Assembly, focusing on regulatory measures for air quality and educational improvements without notable partisan controversies during his state senate years. His service ended as he pursued a U.S. Senate bid in 2010.

2010 U.S. Senate primary campaign

Cunningham, then a member of the North Carolina State Senate representing the 54th district, entered the Democratic primary for the U.S. Senate to challenge incumbent Republican Richard Burr, who was seeking a second term. The field included state Secretary of State Elaine Marshall and state Representative Ken Lewis, with Cunningham positioned as a younger challenger backed by national Democratic interests seeking a more electable nominee against Burr. The May 4, , primary did not produce a majority winner, as Marshall and advanced to a runoff scheduled for June 22. During the interlude, criticized Marshall for declining multiple invitations, portraying her as evasive on key issues. The candidates held a televised runoff on June 15, covering topics such as the , , and . Lewis, who placed third in the initial primary, endorsed Marshall as a proven "fighter" capable of advancing Democratic priorities. Marshall won the runoff decisively, receiving 95,390 votes (59.96%) to Cunningham's 63,691 votes (40.04%), securing the despite Cunningham's national party support. The outcome reflected stronger and state-level backing for Marshall over Cunningham's establishment-favored profile, amid low turnout typical of runoffs.

2020 U.S. Senate campaign

Primary victory and platform

Cunningham won the Democratic primary for the U.S. in on March 3, 2020, securing 717,941 votes or 56.93% of the total, defeating Erica D. Smith, who received 438,969 votes or 34.80%. The remaining votes were split among three other candidates: Richard Bew, Steve Immelt, and Terence Gould. His victory positioned him as the nominee to challenge incumbent Republican Senator Thom in the general election. Cunningham's primary campaign platform centered on expanding economic opportunities for working families, including for a and policies to address income inequality in North Carolina's economy. He emphasized protecting and strengthening healthcare access, supporting the and pushing for expansion, which had been blocked in the . Drawing on his military background, Cunningham highlighted commitments to veterans' services, such as improved support for military families and enhanced benefits, positioning himself as a attuned to and defense issues. On social and civil rights matters, the platform included restoring the Voting Rights Act, promoting automatic , and defending reproductive rights by opposing government interference in abortion decisions and supporting . These positions aligned with mainstream Democratic priorities, though Cunningham framed them through a lens of pragmatic service to North Carolina's diverse constituencies, including rural and suburban voters.

General election dynamics and defeat

The 2020 North Carolina U.S. Senate general election pitted Democratic nominee Cal Cunningham, a former state senator and U.S. Army Reserve lieutenant colonel, against incumbent Republican Senator Thom Tillis, who had held the seat since 2015. The contest unfolded amid national debates over the COVID-19 pandemic response, economic recovery, and healthcare policy, with North Carolina's rapid population growth and suburban expansion—particularly in areas like the Research Triangle and Charlotte—amplifying its status as a pivotal battleground state. Democrats viewed the race as a prime opportunity to flip the seat, leveraging demographic shifts toward younger, urban, and minority voters, while Republicans emphasized Tillis's incumbency advantages and alignment with President Donald Trump's agenda on issues like law enforcement and border security. Cunningham's campaign strategy centered on portraying himself as a pragmatic focused on protecting the , expanding veterans' benefits, and addressing rural access, while fundraising aggressively to outpace Tillis early in the cycle. By April 2020, Cunningham had raised over $11 million in the first quarter, surpassing Tillis for the first time and enabling heavy advertising in competitive media markets. Tillis countered by highlighting his legislative record on opioid crisis funding and relief, while mobilizing the Republican base through endorsements from Trump and ads tying Cunningham to progressive national Democrats. The race became the most expensive congressional contest in U.S. , with total spending exceeding $271 million by Day, driven by super PACs and national party committees flooding airwaves with attack ads on policy contrasts and personal contrasts. Polling throughout the summer and fall showed a consistently tight contest, with the average indicating Tillis leading by 1.8 points as of late October , though individual surveys varied: a New York Times/Siena poll from October 29 placed Cunningham ahead by three points alongside Joe Biden's lead in the presidential race. Voter turnout surged to record levels, exceeding 70% of registered voters, fueled by expanded early and mail-in voting amid the , which benefited Democrats in urban strongholds but saw strong Republican performance in rural and exurban areas. Key dynamics included suburban women prioritizing healthcare and education, where Cunningham gained traction, offset by Tillis's edge among white working-class voters concerned with inflation and crime. On November 3, 2020, Tillis secured reelection with 1,749,293 votes (48.69%) to 's 1,685,597 (46.92%), a margin of 1.77 percentage points, mirroring the state's narrow Republican lean in the presidential contest. conceded on November 10, 2020, after trailing in vote counts from key counties like and Wake, acknowledging the outcome in a statement that praised voter participation but did not dispute the certified results. The defeat preserved Republican control of the seat, contributing to the GOP's ability to retain their majority despite national Democratic gains elsewhere.

Controversies

2020 sexting scandal and public response

On October 2, 2020, the published screenshots of explicit text messages sent by Cunningham to Jennifer Thompson, a Republican lobbyist and married mother of two, spanning from April to August 2020; the messages included propositions for a sexual rendezvous and references to intimate acts. The texts, obtained anonymously, were verified as authentic by multiple outlets through metadata and contextual details matching Cunningham's known schedule. Cunningham responded on October 3, 2020, via a statement acknowledging an "inappropriate conversation" but framing it as a brief flirtation without physical contact, emphasizing his commitment to his wife and family while refusing to discuss details publicly. He reiterated this in subsequent interviews, declining to confirm the full extent of the exchanges and prioritizing the campaign's focus on policy issues like healthcare and the economy. Further revelations emerged on October 6, 2020, when WRAL News and the disclosed additional texts from Cunningham to Arlene Guzman Todd, a California political consultant and single mother, indicating a sexual relationship including in-person meetings in ; Todd confirmed the authenticity and described the affair as ongoing. Cunningham then issued a public apology, stating, "I am deeply sorry for my actions," admitting to betraying his wife Elizabeth and harming his family, though he maintained no overlap with the Thompson exchanges and continued campaigning. The scandal prompted widespread condemnation from Republicans, with incumbent Senator labeling it a pattern of dishonesty that undermined Cunningham's character attacks on Tillis's own diagnosis. Democratic leaders, including Minority Leader , urged Cunningham to address it transparently but stopped short of withdrawing support, viewing the race as winnable despite polls showing a tightening contest from Cunningham's pre-scandal double-digit lead to a near tie. Voter reactions were mixed, with some independents citing it as disqualifying amid broader concerns over personal integrity, while others dismissed it as private matters irrelevant to ; post-election analysis attributed Tillis's narrow 1.8-point victory partly to the scandal's erosion of Cunningham's trustworthiness. The U.S. Army Reserve, where Cunningham served as a major, launched an investigation into potential conduct violations on , 2020, focusing on uniform standards rather than criminality.

Post-political professional activities

Transition to private law and business

Following his defeat in the 2020 U.S. Senate election, Cal Cunningham transitioned to full-time private legal practice and business development, founding Cunningham Law, PLLC in July 2021. The firm specializes in real estate development, business formation, and complex civil litigation, assisting clients with matters such as contract disputes, property negotiations, and scaling enterprises, including securing investments and resolving settlements that exceed initial offers by multiples. In parallel, Cunningham established Axiom Property Development, LLC, which concentrates on constructing workforce-affordable housing projects in North Carolina's region. He also formed Cunningham Capital, LLC, to pursue opportunities, serving on the board of Archaius, Inc., a company developing drone , and participating as a member of the Charlotte Angel Fund for early-stage investments. These ventures reflect a shift toward integrating legal services with entrepreneurial activities in and sectors.

Recent public reflections

In a , 2024, interview with Spectrum News 1, Cal Cunningham reflected on his 2020 U.S. defeat to incumbent , noting the race's narrow margin of 1.8 percentage points—approximately 95,000 votes—and its status as the most expensive contest in U.S. history at over $300 million in spending. He addressed the extramarital texting that emerged weeks before , describing it as a "terrible personal mistake" and affirming his decision to accept responsibility rather than deflect, stating, "I wasn’t going to wag my finger and say I didn’t do something that I had done." Cunningham highlighted the scandal's impact but expressed greater personal frustration over a campaign tweet depicting him with a gas grill at a event, which drew backlash from constituents in his native , where wood-fired traditions hold cultural significance; he remarked that this misstep angered him "more than just about anything that would happen." The episode prompted introspection, which he framed as "a moment to reflect on first principles in my life," underscoring themes of and personal growth. On broader , Cunningham advocated for post-election , asserting, "For our to succeed, we have to figure out how to work together once the polls are closed," and praised Tillis for bipartisan despite their . He left open the possibility of future political involvement, saying, "I will never say never," while emphasizing the need for curiosity, energy, and open-mindedness in . These remarks align with his earlier 2022 public dialogue with Tillis at UNC Chapel Hill's Abbey Speaker Series, where he stressed modeling and to bridge partisan divides, declaring, "We have to affirm . We have to model what civic discourse looks like."

Personal life

Marriage and family

Cal Cunningham is married to Elizabeth Cunningham. The couple has two children, Caroline and Will. The family resides in , where Elizabeth grew up. Elizabeth has publicly supported Cunningham's military service, including his deployments to and following the , as well as training at Fort Bragg.

Public image and values

Cunningham's public image has been shaped significantly by his in the U.S. Army Reserves, where he enlisted as an officer following the , 2001, attacks and deployed to , fostering a perception of him as a patriotic and duty-bound figure committed to national defense and veterans' welfare. He has frequently highlighted how his upbringing in , instilled values of community service and hard work, which he credits for motivating his entry into public life. In his political campaigns, Cunningham projected values centered on family support, economic opportunity, and protecting vulnerable populations, pledging particular focus on policies aiding children and families during earlier bids for office. He has advocated for expanded access to , addressing , and tackling as core priorities reflecting a commitment to practical, community-oriented . This image faced severe scrutiny during the campaign when revelations emerged of an extramarital affair involving sexually suggestive text messages with a businesswoman, Arlene Guzman Todd, which Cunningham admitted had hurt his and disappointed supporters. Critics, including veterans' advocates, argued the scandal contradicted his emphasis on personal integrity and , portraying it as a breach of the oaths and standards expected of military officers and public servants. Despite initial polling resilience, the episode eroded trust among some constituencies, amplifying perceptions of hypocrisy in his self-presentation as a steadfast and patriot.

Electoral history

North Carolina State Senate elections

Cunningham was first elected to the State Senate in the November 7, 2000, , representing District 23, which covered portions of and counties. He assumed office on January 24, 2001. As a Democrat in a district leaning conservative, his initial victory marked an entry into state politics following his and legal career. He secured reelection in the 2002, 2004, 2006, and 2008 general elections, serving continuously until January 29, 2011, for a total of five terms. During this period, the saw Republican gains, but Cunningham maintained his seat amid competitive local dynamics. Specific vote margins varied, but his consistent wins reflected strong constituent support in the district's rural and suburban areas, where he focused on issues like education funding and veteran affairs. In 2010, Cunningham did not seek reelection, opting instead to pursue other opportunities after a decade in the legislature. His tenure included committee roles on finance and judiciary, contributing to Democratic minority efforts against Republican-led majorities post-2002.

U.S. Senate elections

Cunningham entered the 2020 U.S. race in as the Democratic nominee after winning the March 3, 2020, , where he defeated Erica D. Smith and three other candidates to secure the nomination.) The primary victory positioned him against incumbent Republican Thom in the general election on November 3, 2020, in a contest rated as one of the most competitive and expensive races of the cycle, with total spending exceeding $300 million. Throughout much of the campaign, Cunningham maintained a polling lead over Tillis, capitalizing on his , legislative experience, and criticism of Tillis's record on healthcare and economic issues. However, on , 2020, the published text messages revealing an extramarital affair between Cunningham and Brenda Todd, a Republican activist and former state employee, spanning from 2019 into 2020; the exchanges included explicit content and occurred while Cunningham was married. Cunningham acknowledged the relationship in a statement, describing it as a "personal failing" and apologizing to his family, but he refused to suspend his campaign, asserting that voters should focus on policy differences. The eroded Cunningham's lead, with polls shifting from a consistent 3-5 point advantage to a dead heat by late October, coinciding with Tillis's recovery from a diagnosis. Tillis ultimately prevailed with 1,749,993 votes (48.69%) to Cunningham's 1,690,608 (47.03%), a margin of 59,385 votes or 1.66 percentage points; minor candidates received the remainder. Cunningham conceded the race on November 10, 2020, after absentee and provisional ballots confirmed the outcome. Post-election analysis indicated the significantly influenced undecided voters and turnout among women and independents, potentially costing Democrats the seat in a state with a narrow Republican lean.
CandidatePartyVotesPercentage
(inc.)Republican1,749,99348.69%
Cal CunninghamDemocratic1,690,60847.03%
Shannon BrayLibertarian65,4321.82%
Kevin E. Hayes45,6651.27%
Write-ins-27,3190.76%
Total3,578,017100.00%

Recognition

Military honors and civilian awards

Cunningham was awarded the for exceptionally meritorious service during his deployment to from December 15, 2007, to November 19, 2008, as senior trial counsel in the Office of the Staff Judge Advocate, Multi-National Corps-Iraq, at . In this role, he supervised 27 attorneys and 70 paralegals, advised the Command Initiatives Group, and led pioneering efforts with the U.S. Department of Justice to prosecute contractors, including the first of a civilian since the . In 2009, Cunningham received the , presented by Army Chief of Staff General George W. Casey at the Pentagon. This honor, consisting of a 15-pound bronze bust of General MacArthur, recognizes outstanding military performance, leadership, and achievement among company-grade officers, reflecting the ideals of duty, honor, and country. He was one of seven Army Reserve officers selected that year out of 28 total recipients across the Army components; in the award's 25-year history to that point, only two other attorneys had received it. No prominent civilian awards for Cunningham are documented in available records.

References

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