30 Races, 11 Open Seats: What to Watch During the 2026 State AG Elections

The 2026 state attorneys general (AG) election cycle is underway, with the Texas primary earlier this week. And with 30 AG offices up for grabs this year, expect the results to shape the legal and policy landscape for years to come—particularly on issues impacting consumer protection, technology regulation, and notably, just about anything that relates to “affordability” and cost-of-living pressures.

TEXAS ELECTION RESULTS

On Tuesday, Texas held primary elections for several statewide offices, including attorney general. On the Democratic side, Nathan Johnson was the clear winner, but at 48% of the vote, he didn’t clear the 50% threshold required to clear the field. Instead, he will face Joe Jaworski, who narrowly won second place and a spot in the May 26 runoff against Johnson. On the Republican side, State Sen. Mayes Middleton took the top spot at 39%, but likewise failed to clear the field. He will face Congressman Chip Roy (32%) in the runoff.

Texas has historically been a reliably red state for Republican AGs. And while Texas may be more competitive than it used to be, political experts anticipate that the Republican nominee will win the general election for attorney general this fall, continuing the GOP’s long‑standing influence over statewide offices in Texas.

AG RACES ACROSS THE COUNTRY

While much of the political focus has been on this year’s federal midterm elections, state AG races will be just as critical to watch. As future governors, senators, cabinet members and even vice presidents, state AGs are known for shaping the political landscape—and this year will be no different.

A total of 30 state AG offices are up for election this year. This includes regularly scheduled elections plus a small number of states where incumbents are vacating their positions due to term limits, retirements or bids for other offices. Of the 30 races, several states are positioned to be highly competitive due to shifting demographics, open seats or historically narrow statewide margins. One thing is for certain: there will be at least 11 new AGs, as there are that many open seats. And with elections in another five swing states (Ariz., Mich., Minn., Nev. and Wis. ), there could be several more. Either way, the state AG landscape will look significantly different come January 2027 than it does today.

See more detailed information about this year’s races at the Brownstein State Attorneys General Resource Center.

KEY POLICY ISSUES AFFECTING 2026 AG RACES

While it remains to be seen which issues these new AGs will focus on, there are certain issues that remain top-of-mind for most candidates and will likely define how they approach these topics on the campaign trail and ultimately as elected officials. As detailed below, this includes ensuring robust consumer protection enforcement, tackling affordability and cost-of-living pressures, and advocating for guardrails and regulation on emerging technologies.

Consumer Protection

State AGs have traditionally focused on strong consumer protection enforcement and used their offices to take concrete actions against perceived deceptive and unfair business practices. Just recently, AG offices—on both sides of the aisle—have launched investigations into subscription service providers, gone after companies for predatory lending and hidden fees in financial products, and taken legal action against online retailers for failing to disclose data breaches. In fact, some state AGs have even looked to outside experts to help them understand if certain business practices are in compliance with long-held consumer protection principles. Companies should anticipate that this issue will continue to be a priority for state AGs, regardless of the outcome of this year’s races.

Affordability and Cost-of-Living Pressures

“Affordability” seems to be the buzzword at all levels this election cycle and has emerged as a notable policy issue in AG campaigns, with candidates positioning themselves as advocates for consumers facing rising costs. State AGs are emphasizing investigations and enforcement related to prescription drug pricing, utility rates, housing related fees and predatory or anticompetitive practices that drive up household expenses. While AGs do not set economic policy, they increasingly frame enforcement work around protecting residents from cost-of-living pressures. Given that the affordability talking point has taken center stage in national elections, it will also be a top issue for state AGs and candidates for office.

Technology and Artificial Intelligence Regulation

The rapid growth of artificial intelligence (AI) has intensified concerns about transparency, algorithmic fairness and sector-specific risks, leading state AGs to increasingly prioritize regulation in this space. For example, several AGs have launched investigations into social media platforms to examine how algorithms impact consumer privacy and mental health. Others are drafting guidelines for the ethical use of generative AI in sectors such as health care and finance. Moreover, we’re seeing a strong interest in expanded oversight and enforcement around the creation of images. These efforts reflect a growing sentiment that robust regulation is needed to address the evolving challenges posed by AI, and state AGs want to take up the mantle as the policymakers who will ensure regulation in the absence of a federal framework.

The next wave of state AGs will continue to shape enforcement priorities, regulatory approaches and the legal landscape—especially on consumer protection, affordability and technology regulation. Staying informed and proactively engaging with these developments will be essential for anticipating changes and mitigating risk in an evolving environment.

Brownstein’s State AG Group will monitor these critical elections throughout the year and provide timely updates as we see changes to the AG landscape.

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This document is intended to provide you with general information regarding state AG elections in 2026. The contents of this document are not intended to provide specific legal advice. If you have any questions about the contents of this document or if you need legal advice as to an issue, please contact the attorneys listed or your regular Brownstein Hyatt Farber Schreck, LLP attorney. This communication may be considered advertising in some jurisdictions. The information in this article is accurate as of the publication date. Because the law in this area is changing rapidly, and insights are not automatically updated, continued accuracy cannot be guaranteed.