2026 State Attorney General Election Results: Five Seats Flip to Democrats, and New AGs Signal Consumer Protection, Antitrust and AI Enforcement Priorities

Much of the coverage of this week’s midterm elections focused on control of Congress and the governors’ races. But significant changes to the roster of State Attorneys General, whose offices continue to play an expanding role in consumer protection, technology, privacy, antitrust, financial markets, prediction markets, AI, and healthcare enforcement, were also taking shape.

This year, 30 states and the District of Columbia held elections for attorney general. Before the election, Republicans held 27 attorney general offices and Democrats held 23. Thirteen states will have a new attorney general in January 2027. Five offices changed parties, all from Republican to Democratic: Georgia, Iowa, Kansas (projected), Ohio, and Texas. Based on results reported to date, Democrats will hold 29 attorney general offices (including the District of Columbia).

Three offices remain pending. In Alaska, the attorney general is appointed by the governor and the gubernatorial race will be decided by ranked-choice tabulation expected on or about November 18; a Democratic appointee would bring the Democratic total to 30. In Maine, the legislature selects the next attorney general by secret ballot; given the Democratic majority, we expect the next attorney general to remain Democratic. In Wyoming, the governor appoints the attorney general with state senate confirmation; given the Republican governor and Republican-controlled senate, we expect the next attorney general to remain Republican.

Key Takeaways

• The partisan balance has shifted: Five Republican-to-Democratic flips give Democrats 29 offices, including the District of Columbia, and Alaska, Maine and Wyoming remain pending.
• Pricing conduct is a common priority: Incoming attorneys general in Colorado, Georgia, Ohio and Texas have targeted price gouging, grocery and rent pricing, and price-fixing.
• State AI rulemaking is on the horizon: Michigan's incoming attorney general plans to issue Consumer Protection Act rules on AI misuse, including algorithmic price-setting, within his first 100 days.
• Multistate participation is not a given: Ohio's incoming attorney general intends to be selective about joining multistate litigation, and Iowa's incoming attorney general will review the state's pending suits against the federal government.

O’Melveny’s State Attorneys General Litigation & Investigations Group offers a snapshot of the 2026 State AG Election Results

• Alabama: Katherine Robertson (R), chief counsel to outgoing Attorney General Steve Marshall for roughly a decade and former counsel to Senator Jeff Sessions on the Senate Judiciary Committee, won the open-seat race against Jeffrey McLaughlin (D). She will be the first woman elected Alabama attorney general. Robertson has said she will defend state sovereignty against federal overreach, support law enforcement, defend religious liberty, and protect children from exploitation, and has identified the ongoing prison-system litigation as a leading challenge.
• Arizona: Incumbent Kris Mayes (D) defeated Warren Petersen (R).
• Arkansas: Incumbent Tim Griffin (R) won re-election.
• California: Incumbent Rob Bonta (D) defeated Michael Gates (R).
• Colorado: Jena Griswold (D), Colorado’s two-term Secretary of State, won the open-seat race against Michael Allen (R) to succeed Phil Weiser, who was elected governor. Griswold has pledged to continue litigation against the federal administration where she believes it has acted unlawfully, protect Colorado’s mail-in-ballot system, and pursue price gouging, corporate landlords that illegally raise rents, and grocery mergers that could reduce competition.
• Connecticut: Incumbent William Tong (D) defeated John Bolton (R).
• Delaware: Incumbent Kathy Jennings (D) defeated David Graham (R).
• District of Columbia: Incumbent Brian Schwalb (D) defeated Manuel Rivera (R) to win a second term.
• Florida: Incumbent James Uthmeier (R) defeated José Javier Rodriguez (D).
• Georgia: Tanya Miller (D), a state representative and House Democratic Caucus chair, former federal prosecutor, and former Fulton County homicide prosecutor, won the open-seat race against State Senator Brian Strickland (R), flipping the seat. She succeeds Chris Carr and will be the first woman to serve as Georgia attorney general. Miller has prioritized combating violent crime, gangs, and human trafficking, and expanding consumer protection enforcement, including against price gouging, exploitative lending, and anticompetitive practices affecting grocery prices and rents.
• Idaho: Incumbent Raúl Labrador (R) defeated Lori Hickman (D).
• Illinois: Incumbent Kwame Raoul (D) defeated Bob Fioretti (R).
• Iowa: Nate Willems (D), a labor and employment lawyer and former state representative, defeated incumbent Brenna Bird (R), flipping the seat. Willems has said he will strengthen the office’s consumer protection division, address wage theft, pursue polluters violating air and water quality laws, and review the state’s pending lawsuits against the federal government.
• Kansas (projected): Chris Mann (D), a former police officer and Wyandotte County prosecutor who also served as a securities prosecutor, has declared victory over incumbent Kris Kobach (R) and leads by roughly 11,000 votes; the race has not been officially called and is subject to a mandatory close-race audit. Mann has emphasized support for local law enforcement and prosecutors, consumer fraud enforcement, youth protection, and agriculture and natural resources.
• Maryland: Incumbent Anthony Brown (D) defeated Jim Rutledge (R).
• Massachusetts: Incumbent Andrea Campbell (D) defeated Michael Walsh (R).
• Michigan: Eli Savit (D), Washtenaw County Prosecuting Attorney since 2021 and a civil-rights litigator, won the open-seat race against Eaton County Prosecuting Attorney Doug Lloyd (R) to succeed term-limited Dana Nessel. Savit has pledged to issue rules in his first 100 days under the Michigan Consumer Protection Act addressing misuse of AI, including algorithmic price-setting, and has also prioritized workers’ rights, electricity ratepayer protection, and environmental enforcement.
• Minnesota: Incumbent Keith Ellison (D) defeated Ron Schutz (R).
• Nebraska: Incumbent Mike Hilgers (R) defeated Jocelyn Brasher (D).
• Nevada: Nicole Cannizzaro (D), Nevada Senate Majority Leader and a former Clark County prosecutor, won the open-seat race against Adriana Guzmán Fralick (R) to succeed Aaron Ford, who was elected governor. Her priorities include public safety, fentanyl trafficking, AI-generated child sexual abuse material, consumer protection, energy, environmental, and data center issues.
• New Mexico: Incumbent Raúl Torrez (D) defeated Samuel Kane (R).
• New York: Incumbent Letitia James (D) defeated Saritha Komatireddy (R) to win a third term.
• North Dakota: Incumbent Drew Wrigley (R) defeated Tim Lamb (D).
• Ohio: John Kulewicz (D), a litigator with more than 40 years at Vorys, Sater, Seymour and Pease who has argued before the U.S. Supreme Court and serves on the Upper Arlington City Council, defeated State Auditor Keith Faber (R), flipping the seat. Kulewicz has said he will focus on fraud in state-funded programs such as Medicaid, price-fixing monopolies, scams and robocalls, and public corruption, and would be selective about joining multistate litigation.
• Oklahoma: Jon Echols (R), a trial lawyer who served 12 years in the Oklahoma House, including eight as majority floor leader, won the open-seat race against Nick Coffey (D) to succeed Gentner Drummond. Echols has named public safety as his top priority, including shutting down illegal marijuana operations and foreign-linked grows, along with accountability for taxpayer dollars.
• Rhode Island: Kim Ahern (D), a former Special Assistant Attorney General and senior counselor to two governors, won the open-seat race against Alan Gordon (R) to succeed term-limited Peter Neronha. Ahern emphasized consumer protection, healthcare oversight, suing the federal government, and has proposed a new reproductive justice unit.
• South Carolina: David Stumbo (R), the Eighth Judicial Circuit Solicitor, won the open-seat race against Richard Hricik (D) to succeed Alan Wilson, who was elected governor. Stumbo’s priorities include combating violent crime, expanding internet crimes against children investigations, and establishing regional attorney general offices.
• South Dakota: Lance Russell (R), Fall River County State’s Attorney and a former state legislator, was elected without opposition to succeed Marty Jackley, who was elected to Congress. Russell has said he intends to continue many of Jackley’s programs while seeking to revisit certain criminal justice reforms.
• Texas: Nathan Johnson (D), a state senator, defeated State Senator Mayes Middleton (R) in the race to succeed Ken Paxton, flipping the seat. He will be the first Democratic Texas attorney general since the 1990s. Johnson has emphasized consumer protection and antitrust enforcement, government accountability and anti-corruption reforms, civil rights enforcement, and protections against predatory lending.
• Vermont: Incumbent Charity Clark (D) defeated Edwin Kemon (R).
• Wisconsin: Incumbent Josh Kaul (D) defeated Eric Toney (R) to win a third term.

Governor Races with State AGs on the Ballot

• California: Former Attorney General Xavier Becerra (D) has been elected California governor.
• Colorado: Attorney General Phil Weiser (D) has been elected Colorado governor.
• Nevada: Attorney General Aaron Ford (D) has been elected Nevada governor.
• South Carolina: Attorney General Alan Wilson (R) has been elected South Carolina governor.

Results are unofficial and reflect publicly reported results and race calls as of November 5, 2026. Results remain subject to final counts, canvass, and certification.

This memorandum is a summary for general information and discussion only and may be considered an advertisement for certain purposes. It is not a full analysis of the matters presented, may not be relied upon as legal advice, and does not purport to represent the views of our clients or the Firm. Steve Brody, an O’Melveny partner licensed to practice law in Virginia and the District of Columbia; Daniel R. Suvor, an O’Melveny partner licensed to practice law in California; Ross B. Galin, an O’Melveny partner licensed to practice law in New York; Diana Aguilar, an O’Melveny partner licensed to practice law in California; Danny S. Ashby, an O’Melveny partner licensed to practice law in Texas; Matthew R. Cowan, an O’Melveny partner licensed to practice law in California; Lindsey Greer Dotson, an O’Melveny partner licensed to practice law in California; Mattie F. Hutton, an O’Melveny partner licensed to practice law in California and the District of Columbia; Lauren Kaplan, an O’Melveny partner licensed to practice law in California; Elizabeth L. McKeen, an O’Melveny partner licensed to practice law in California; Sid Mody, an O’Melveny partner licensed to practice law in Texas; Danielle Morris, an O’Melveny partner licensed to practice law in California; Jonathan P. Schneller, an O’Melveny partner licensed to practice law in California; Dawn Sestito, an O’Melveny partner licensed to practice law in California; Reema Shah, an O’Melveny partner licensed to practice law in New York; Sabrina H. Strong, an O’Melveny partner licensed to practice law in California; Damali A. Taylor, an O’Melveny partner licensed to practice law in California and New York; Lauren M. Weinstein, an O’Melveny partner licensed to practice law in the District of Columbia; and Kyle Grossman, an O’Melveny counsel licensed to practice law in California, contributed to the content of this newsletter. The views expressed in this newsletter are the views of the authors except as otherwise noted.

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