Jump to: Executive Summary | Why State AG Elections Matter to Business | Strategic Considerations for Companies Heading into the Fall | Policy and Enforcement Trends to Watch | The 2026 Election Landscape | State-by-State Races and Transitions to Watch | Conclusion
A Special Report on the State Enforcement, Regulatory, and Litigation Landscape
State attorneys general continue to shape the business environment through enforcement actions, multistate investigations, regulatory challenges, and high-profile policy litigation. As the 2026 election cycle unfolds, companies across the health care, manufacturing, technology, energy and infrastructure, financial services, and other sectors should closely monitor attorney general races for early signals about future enforcement priorities and regulatory risk.
This special report examines the 2026 state AG election landscape, highlights state races to watch, explores key enforcement and policy trends, and offers practical considerations for companies preparing for the election season and the transition period that follows.
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Key Takeaways:
- Learn why the 2026 state attorney general election cycle matters for businesses facing growing enforcement, regulatory, and litigation risk across multiple states.
- In light of the 33 Attorneys General elections in November 2026 (30 states, D.C., Guam, and the Northern Mariana Islands) there will be, at a minimum, 11 new Attorneys General in January 2027.
- Identify which state AG races to watch and how leadership changes in state AG offices could affect priorities in consumer protection, antitrust, privacy, health care, energy, and ESG.
- Understand the major policy and enforcement trends likely to shape state AG activity, including multistate investigations, AI and data privacy scrutiny, environmental disputes, and federal-state litigation.
- Discover practical steps businesses can take now to assess state-level exposure, strengthen compliance readiness, and prepare for post-election enforcement shifts.
- Gain a business-focused view of how state AG offices may influence the legal and regulatory landscape in 2027 and beyond.
Executive Summary
State attorneys general have become central players in the modern regulatory and enforcement environment. They investigate business practices, bring consumer protection and antitrust actions, review health care transactions, challenge federal rules and statutes, defend state laws, and frequently coordinate with one another through multistate litigation and investigations. In many instances, the practical impact of state AG activity extends far beyond state borders, particularly for companies operating across multiple jurisdictions or in highly regulated sectors.
The 2026 state attorney general election cycle therefore deserves close attention from businesses seeking to anticipate changes in legal risk and enforcement priorities. For companies across a wide range of industries, including health care, manufacturing, technology, energy and infrastructure, financial services, and consumer-facing businesses, state AG races can provide important signals about how states may approach artificial intelligence, privacy and cybersecurity, environmental issues, health care oversight, consumer protection, market competition, infrastructure disputes, and litigation involving the federal government.
This report does not forecast election outcomes. Instead, it offers a business-focused assessment of the states and races that merit monitoring, the policy and enforcement issues likely to shape state AG activity in the months ahead, and the practical steps companies can take now to prepare for the fall and the post-election transition period. For many businesses, a key question will not simply be which candidates prevail, but how the executive leadership in these offices chooses to exercise their enforcement authority in an increasingly active and coordinated state landscape.
Why State AG Elections Matter to Business
In short, any business that interacts with consumers, accepts Medicaid dollars, has facilities, or has significant market share is subject to state AG oversight. State AG elections are no longer niche political contests relevant only to state government watchers. State AGs increasingly come from state and federal legislative backgrounds and thus more often consider issues through a political lens. Therefore, over the past decade, attorneys general have emerged as some of the most visible and influential public legal actors affecting business operations nationwide. They possess broad authority under consumer protection statutes, antitrust laws, and Medicaid fraud enforcement, and are charged with charitable and nonprofit oversight, and enforcement of environmental laws. In some state they have significant criminal authority. State attorneys general are typically charged with defending state agencies and state statutes, and, thus, are frequently on the forefront of high-profile constitutional litigation where those agencies and statutes are challenged. It is important to recognize that not all state AG activity is defensive. On the contrary, attorneys general often seek opportunities to shape business behavior through investigations, negotiated resolutions, and litigation.
For companies, this matters because state AG offices often operate at the intersection of enforcement and policy. A single office may simultaneously investigate a consumer practice, challenge a federal regulatory action, join a multistate privacy settlement, scrutinize a health care transaction, and issue public guidance on emerging issues such as artificial intelligence, data privacy, climate disclosure, or other ESG laws and requirements. The role of attorneys general has become especially significant where states are filling perceived regulatory gaps, responding to federal policy shifts, or seeking to influence national legal debates through coordinated litigation.
Leadership changes can materially affect how these powers are used. Even where an office remains active regardless of party or ideology, a new attorney general may alter the office’s tone, public positioning, staffing, coalition strategy, and subject-matter priorities. Open-seat races are especially important because they often present the clearest opportunity for changes in enforcement philosophy and institutional direction, driven this cycle by a high volume of long-serving incumbents retiring to run for higher office or reaching term limits. For businesses, monitoring state AG elections is therefore not simply a matter of following politics; it is a means of tracking potential changes in the legal and regulatory environment they confront.
Strategic Considerations for Companies Heading into the Fall
As the election season progresses, companies should take the opportunity to assess their exposure to state AG risk with greater precision. A useful first step is mapping the states that matter most to the business from an enforcement and regulatory standpoint. This includes not only where the company is headquartered or has major operations, but also where it serves customers, holds sensitive data, pursues transactions, maintains physical infrastructure, or faces significant environmental, health care, or consumer-facing obligations.
It is also important to distinguish between race visibility and office significance. Some contests may draw substantial political attention, but the more important question for business is whether the office has a history of impactful enforcement, broad statutory tools, or influence in multistate coalitions and whether the election is likely to alter the equation. Open-seat races and leadership transitions in high-impact offices should generally be treated as especially important from a compliance and government affairs perspective.
Companies should also evaluate whether core compliance functions are calibrated to current state enforcement trends. This includes reviewing consumer-facing practices, privacy and cybersecurity controls, marketing and disclosure language, transaction procedures, environmental representations, ESG policies more broadly, health care-specific requirements, and response protocols for state inquiries. In many industries, state AG scrutiny can arise not only from formal regulatory obligations, but also from public-facing practices that attract consumer or media attention.
Another priority should be preparing for multistate escalation. A civil investigative demand, transaction concern, privacy incident, or consumer complaint in one jurisdiction can rapidly expand if additional state AG offices become involved. Businesses should have a coordinated strategy for preserving documents, managing communications, centralizing legal review, and ensuring consistency across state responses. This is particularly important for companies in sectors that are already frequent subjects of multistate activity, including health care, technology, pharmaceuticals, energy, and consumer products.
Finally, businesses should prepare now for what happens after Election Day. The period between an election and the installation of new leadership often provides early insight into an office’s future direction. Transition teams, deputy and bureau chief appointments, early speeches, and initial litigation decisions can all signal whether an attorney general intends to continue existing priorities or move in a new direction. Companies that monitor these developments closely will be better positioned to identify enforcement shifts early and adjust their legal and policy strategies accordingly.
Policy and Enforcement Trends to Watch
Although each race has its own local context, several broader trends are likely to remain central to the work of state attorneys general during and after the 2026 election cycle.
One of the most important is the continued strength of multistate coalition activity. Attorneys general increasingly act together to investigate alleged business misconduct, negotiate settlements, challenge federal rules, and defend state policy choices. For companies, coalition activity can quickly transform what begins as a single-state issue into a matter with national scope. This dynamic is particularly significant in areas such as antitrust, privacy and cybersecurity, health care pricing, pharmaceutical practices, Medicaid fraud enforcement, public health matters, environmental enforcement and other ESG-related issues, and administrative law challenges.
Consumer protection remains the bedrock of state AG enforcement. Most attorney general offices have broad authority under state unfair and deceptive acts and practices laws, allowing them to investigate advertising, pricing, billing, subscription models, online conduct, and other consumer-facing practices. Because these UDAP statutes are subjective and thus flexible and adaptable, while at the same time often providing for injunctive relief, damages, and huge civil penalties, they remain a preferred mechanism for state AG offices to protect their citizens regardless of leadership changes or issue-specific priorities. This subjectivity also allows the state AGs to wield these UDAP statutes to drive policy goals.
Privacy, cybersecurity, and digital governance continue to serve as major areas of focus. State attorneys general increasingly scrutinize data breaches, privacy compliance, children’s data practices, biometric data use, and online design or disclosure issues. As states continue to adopt and implement comprehensive privacy laws and as artificial intelligence becomes deeply integrated into business operations, companies should expect state AG offices to remain aggressive in evaluating how data-driven products and services affect consumers and regulated markets.
Health care oversight is also expected to remain robust. State AG offices continue to play vital roles in provider transactions, nonprofit hospital oversight, pharmacy benefit manager scrutiny, health care pricing issues, Medicaid payments, and broader market competition concerns. These issues remain especially significant in states with established transaction review authority or active health care enforcement divisions. Many State AGs may seek significant injunctive relief, damages, and huge civil penalties.
State AG offices increasingly use their antitrust enforcement powers with injunctive relief, damages, and huge civil penalties to seek changes in corporate behavior; perhaps best recently illustrated by active pro- and anti-ESG & DEI antitrust investigations and litigation.
Environmental and energy issues continue to drive divergence among state AG offices. In some states, attorney general activity emphasizes climate-related enforcement and concerns, or utility and emissions issues. In others, the focus centers on challenging regulatory expansion, defending infrastructure, or opposing state and federal mandates viewed as burdensome to industry. Still, other states scrutinize business use of ESG factors in lending, financing, and hiring. For businesses, especially in the energy and manufacturing sectors, the practical lesson is that state-specific legal positioning remains critical.
Finally, state attorneys generals remain central players in federal-state legal conflicts. Whether challenging federal rules, defending state programs, or shaping constitutional and administrative law debates, state AG offices continue to help define the boundaries of regulation across multiple industries. Changes in office leadership can alter whether a state joins, leads, or declines to participate in these actions, which carries broad downstream effects for national business planning.
The 2026 Election Landscape
The 2026 cycle is expected to feature a number of state attorney general races across the country, including contests involving incumbents and open seats. The significance of these races varies from state to state, but from a business perspective, the most consequential contests involve state AG offices with broad statutory authority, strong investigative capacity, large economies, or a history of leading multistate coalitions.
To support ongoing tracking throughout the cycle, Foley has developed an interactive 2026 State AG Election Map that provides a state-by-state view of election timing, incumbency status, and race developments. Readers are encouraged to use the map in conjunction with this report for a current and practical view of the election landscape as campaigns develop and offices signal post-election priorities.
State-by-State Races and Transitions to Watch
Alabama
Alabama features an open-seat attorney general race as incumbent Republican Steve Marshall is term-limited. Following a closely contested GOP primary and a June runoff, chief counsel to the attorney general Katherine Robertson secured the Republican nomination, defeating Jay Mitchell. Robertson advances to face Democratic nominee Jeff McLaughlin in the general election. Businesses should track this office for continuity in its active posture regarding federal-state litigation, energy, and conservative multistate coalition participation.
Alaska
Alaska features an appointed attorney general rather than an elected office, currently held by acting Attorney General Cori Mills via gubernatorial appointment. January 2027 will bring in a new governor. Because selection relies on executive appointment and legislative confirmation rather than public primaries, there are no traditional opposing candidate campaigns. Businesses should track this office for continuity in regulatory enforcement priorities, which closely mirror the governor’s administrative agenda regarding natural resource management and state-federal land use.
Arizona
Arizona features a partisan election where Democratic incumbent Kris Mayes is running for re-election to secure a second term. Mayes faces Republican Senate President Warren Petersen, who secured the GOP nomination by defeating Rodney Glassman in the July 21 primary election. Businesses should closely monitor this race for potential shifts in water rights management, technology and AI regulation, consumer protection standards, and immigration-related litigation.
Arkansas
Arkansas holds a scheduled election for its attorney general post where Republican incumbent Tim Griffin is the sole candidate running in November for the position. Regional enterprises should track the office for continued alignment with conservative multi-state litigation affecting agriculture, energy, and tech compliance baselines.
California
California features a partisan election where Democratic incumbent Rob Bonta is running for re-election against Republican challenger Michael Gates, following the state’s top-two primary on June 2, 2026. Because California serves as a primary economic engine, developments from this office directly dictate nationwide compliance baselines for data privacy, artificial intelligence oversight, environmental rules, and labor standards.
Colorado
Colorado’s attorney general race is an open-seat contest because Attorney General and Democratic nominee for Governor Phil Weiser is term-limited. Following primary elections held on June 30, 2026, the open general election field features Democrat Jena Griswold alongside Republican Michael Allen. Businesses should monitor incoming leadership for potential policy shifts regarding AI governance, antitrust merger reviews, and consumer data mandates.
Connecticut
Incumbent Democratic Attorney General William Tong is seeking reelection to a third term against Republican challenger John Bolton. The election outcome will determine whether the office maintains its aggressive multi-state strategies targeting pharmaceutical pricing, tech antitrust enforcement, and strict environmental accountability.
Delaware
Delaware holds an upcoming election where Democratic incumbent Kathy Jennings is running for re-election against Republican candidate David Graham, after fending off primary challengers. Given Delaware’s heavy concentration of corporate headquarters, stability or changes in this office carry disproportionate weight for corporate governance, data privacy enforcement, and financial fraud litigation.
Florida
Florida features an attorney general election where Republican incumbent James Uthmeier (former Chief of Staff to Governor Desantis) is running for a full term after being appointed to the office, facing Democratic challenger José Javier Rodríguez. Florida remains one of the most visible attorney general offices in the country because of its size, economic importance, and active role in litigation involving consumer protection, technology platforms, and federal-state disputes. Shifts or continuity in this office heavily influence corporate risk exposure across financial services oversight, health care regulation, and technology platform accountability in southeastern markets.
Georgia
Georgia features an open-seat election because Republican incumbent Chris Carr chose to run for governor (but lost in the Republican primary). Following primary elections, the general election field features Democrat Tanya Miller alongside Republican Brian Strickland. The business community should monitor this transition for impacts on corporate tax enforcement, labor dynamics, and regional economic policy alignment.
Hawaii
Hawaii utilizes an executive appointment process rather than an election for its attorney general, with the office currently held by Anne Lopez via gubernatorial appointment by Governor Joshua Green (D) who is running for re-election. Regulatory enforcement priorities remain directly tied to the sitting governor’s administration, preserving steady oversight in consumer protection and local environmental standards.
Idaho
Idaho holds a scheduled partisan election where Republican incumbent Raúl Labrador is running for re-election against Democratic challenger Lori Hickman. The AG’s office heavily emphasizes public lands, state sovereignty disputes, and challenges to federal regulatory rules, directly impacting regional natural resources and energy businesses.
Illinois
Illinois features an upcoming election where Democratic incumbent Kwame Raoul is running for re-election and is opposed by Republican candidate Bob Fioretti. The office maintains an active posture in consumer fraud protection, labor rights enforcement, and civil rights litigation, affecting national corporations operating within the Midwest market.
Iowa
Iowa has a scheduled election for its top legal office where Republican incumbent Brenna Bird is running for re-election against Democratic challenger Nate Willems. The office has frequently anchored conservative multi-state challenges against federal environmental and labor rules, offering agricultural and manufacturing sectors a consistent regulatory ally. Iowa remains an important state to monitor because of the attorney general office’s role in multistate litigation, consumer protection, and legal developments affecting agriculture, manufacturing, environmental regulation, and public health.
Kansas
Kansas features a scheduled partisan election where Republican incumbent Kris Kobach is running for re-election against Democratic challenger Chris Mann. Focus areas for the office include election administration rules, federal-state jurisdictional pushback, and energy regulations, keeping compliance stakes steady for mid-continent logistics and energy producers. Kansas remains relevant because its attorney general frequently participates in multistate litigation involving energy, federal administrative actions, antitrust matters, and economic policy.
Maine
Maine handles its attorney general selection via the state legislature rather than a public ballot, with Democrat Aaron Frey currently holding the position under legislative appointment rules. Because selection relies on legislative appointment, traditional primary and general election campaigns do not apply. The office heavily prioritizes environmental preservation, consumer protection, and healthcare market monitoring, impacting regional utilities and healthcare entities.
Maryland
Maryland holds a scheduled election where Democratic incumbent Anthony Brown faces Republican challenger James B. Rutledge III. Proximity to the nation’s capital amplifies Maryland’s involvement in federal regulatory compliance matters, federal contractor guidelines, and regional consumer protection frameworks.
Massachusetts
Following the primaries, Democratic incumbent Andrea Campbell advanced uncontested to secure her party’s nomination, setting up a general election matchup against Republican challenger Michael C. Walsh, who also advanced through an uncontested primary. Massachusetts remains a key bellwether for strict financial services oversight, healthcare sector regulations, and stringent environmental compliance standards.
Michigan
Michigan’s attorney general seat is an open race due to term limits for Democratic incumbent Dana Nessel. Democrat Eli Savit will face off against Republican Doug Lloyd. Given Michigan’s importance to the automotive, manufacturing, energy, and consumer-facing sectors, the race is particularly significant for businesses as changes in leadership directly impact labor law enforcement, environmental transition mandates, and regional consumer safety standards.
Minnesota
Minnesota holds a scheduled election where Democratic incumbent Keith Ellison is running for re-election, facing Republican Ron Schutz. Minnesota’s attorney general office has been active in consumer protection, antitrust, health care, and technology-related issues, making it relevant to a broad range of businesses. Retailers and financial institutions especially must monitor whether the state’s historical emphasis on powerful consumer protection and tech-focused regulatory enforcement continues.
Nebraska
Nebraska features an upcoming election where Republican incumbent Mike Hilgers is running for re-election against Democratic challenger Jocelyn Brasher. The office maintains active engagement in agricultural trade rules, consumer finance regulations, and challenges to federal overreach, influencing Midwestern commercial operations.
Nevada
Nevada’s attorney general race is an open seat because Democratic incumbent Aaron Ford is term-limited and is running for governor. Following primary elections, the general election field includes Democrat Nicole Cannizzaro and Republican Adriana Guzmán Fralick. Nevada’s booming tourism, gaming, and emerging tech sectors make this office vital for monitoring gaming regulations, data privacy mandates, and consumer protection policies.
New Hampshire
New Hampshire utilizes an appointment process for its attorney general rather than an election, with the office held by John Formella via gubernatorial appointment and executive council approval. Governor Kelly Ayotte is up for re-election in 2026. Traditional electoral opposition and primary cycles do not apply to this office. Regulatory priorities remain tied to executive branch directives, preserving consistency in regional corporate compliance and consumer advocacy.
New Mexico
New Mexico holds a scheduled partisan election where Democratic incumbent Raul Torrez is running for re-election against Republican challenger Samuel Kane. The office actively participates in energy and public land litigation, impacting oil, gas, and renewable energy developers operating across the Southwest.
New York
New York features an upcoming election where Democratic incumbent Letitia James is running for re-election against Republican challenger Saritha Komatireddy. New York is a dominant force in financial services regulation, real estate law, and corporate fraud enforcement, meaning outcomes here directly shape national corporate risk profiles for financial institutions.
North Dakota
North Dakota has a scheduled election where Republican incumbent Drew Wrigley is running for re-election against Democratic challenger Tim Lamb. The office heavily focuses on fossil fuel development rights, agricultural litigation, and interstate water compacts, directly impacting energy and farming conglomerates.
Ohio
Ohio’s attorney general race is an open seat because Republican incumbent Dave Yost is term-limited. Republican Keith Faber and Democrat John Kulewicz are vying to replace Yost. As a major industrial and manufacturing hub, Ohio’s AG transition will influence regional antitrust enforcement, data security standards, and environmental compliance litigation.
Oklahoma
Oklahoma features an open-seat election for attorney general because Republican incumbent Gentner Drummond decided to run for governor. Candidates vying for the office are Republican Jon Echols and Democrat Nick Coffey. Oklahoma’s focus on oil, gas, and tribal jurisdictional issues makes leadership continuity critical for energy sector legal and regulatory strategy.
Rhode Island
Rhode Island’s attorney general office became an open seat as Democratic incumbent Peter Neronha faced term limits. Former prosecutor Kimberly Ahern secured the Democratic nomination after emerging from a competitive field that included Keith Hoffmann, Joseph Solomon Jr., and Jason Knight. Ahern advances to face Republican candidate Alan Gordon in the general election. The incoming attorney general will inherit oversight over key state priorities, maintaining authority over coastal environmental rules, healthcare mergers, and small-business consumer protection.
South Carolina
South Carolina holds an open-seat election for attorney general as Republican incumbent Alan Wilson is running for governor this year. Following primary elections held in June, the general election field includes Democrat Richard Hricik and Republican David Stumbo. South Carolina’s shifting legal leadership will dictate local corporate tax disputes, tort reform stances, and participation in southern regional multi-state legal challenges.
South Dakota
South Dakota features an open-seat attorney general election because Republican incumbent Marty Jackley is running for Congress. Republican Lance Russell is unopposed in November. Regulatory actions focus heavily on agricultural supply chains, consumer fraud, and tribal-state relations, providing a stable legal baseline for regional commerce.
Texas
Texas features a major open-seat election for attorney general as Republican incumbent Ken Paxton is running for the U.S. Senate instead. Republican Mayes Middleton faces off with Democrat Nathan Johnson. One of the largest and most active AG offices, often proceeding on its own and, as of late, regularly making investigations public. Texas drives antitrust, consumer protection, Medicaid fraud, national anti-ESG litigation, energy market challenges, and federal-state regulatory pushback, making this one of the most critical races for corporate legal departments nationwide.
Vermont
Vermont holds a scheduled partisan election where Democratic incumbent Charity Clark is running for re-election, challenged by Republican Edwin Kemon. Vermont’s office emphasizes consumer protection, strict environmental preservation, and data privacy enforcement, affecting tech and retail operations in New England.
Wisconsin
Wisconsin features a high-profile scheduled election where Democratic incumbent Josh Kaul is running for re-election against Republican challenger Eric Toney. As a major swing state, Wisconsin’s AG race heavily influences consumer protection, data privacy enforcement, and shifting environmental regulations, keeping compliance stakes high for regional employers.
District of Columbia
D.C. is unique in that it is a federal enclave, not part of a state. D.C. residents first elected an attorney general in 2015. This year features an election between Democratic incumbent Brian Schwalb against Republican nominee Manuel Rivera. Although the D.C. attorney general has civil enforcement authority similar to other attorneys general, and have been quite active, the criminal authority is limited to juvenile criminal law and some misdemeanors. Adult felonies and other prosecutions are handled by the U.S. Attorney for D.C.
Guam
Guam features a nonpartisan election every four years. Incumbent Douglas Moylan has three challengers: Thomas Fisher, Jordan Pauluhn, and Peter Santos. The Guam attorney general is responsible for acting as the public prosecutor and conducting all civil actions on behalf of the government of Guam.
Northern Mariana Islands
The Northern Mariana Islands features a nonpartisan election every four years. Incumbent Edward Manibusan chose not to run for re-election. Michael Evangelista, Jonathan Glass, and Joaquin Guerrero Torres are running.
Conclusion
The 2026 state attorney general election cycle has important implications for companies navigating an increasingly complex state regulatory and enforcement environment. Attorneys general continue to shape business risk through consumer protection, privacy, antitrust, health care oversight, environmental litigation, ESG reviews, energy disputes, and coordinated multistate action. Their influence often extends well beyond state borders, particularly for businesses operating nationally or in sectors under close public and regulatory scrutiny.
For companies in health care, manufacturing, technology, energy and infrastructure, financial services, and other highly regulated industries, the most important takeaway is that attorney general elections are not simply political events. They are indicators of how state legal authority may be deployed in the years ahead. Monitoring the races themselves is important, but so is understanding the broader institutional role these offices play, the trends that cut across jurisdictions, and the transition signals that emerge before and after votes are cast.
Businesses that approach the 2026 cycle with a clear view of their state exposure, a disciplined eye on high-impact offices, and a readiness to respond to post-election enforcement shifts will be better positioned to navigate the evolving landscape in 2027 and beyond.
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Foley is closely tracking the 2026 state attorney general election cycle, including major races, open-seat contests, leadership transitions, and emerging enforcement and policy developments affecting businesses across the health care, manufacturing, technology, energy and infrastructure, financial services, and other sectors.
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About Foley’s State Attorneys General Practice
Foley’s State Attorneys General Practice helps companies anticipate, navigate, and respond to the growing influence of state AG offices across the country. Our team advises clients facing multistate investigations, consumer protection inquiries, civil investigative demands, regulatory disputes, litigation, and enforcement actions involving a wide range of state attorney general authorities.
