Washington’s 2026 Attorney General Expansion: A Threat to Core Liberties?

By Cindy Alia 4/24/26

In the final weeks of the 2025–26 legislative session, Washington lawmakers quietly passed four bills that dramatically expand the power of the Attorney General’s Office (AGO). Signed in late March 2026 and set to take effect June 11, 2026, these measures—SB 5925, HB 1710, HB 1750, and HB 2156—were largely requested by the AGO itself. While framed as modern enforcement tools, their combined effect raises serious concerns about government overreach, chilled freedoms, and the erosion of constitutional protections that belong to all citizens.

The New Powers

SB 5925 grants the AGO sweeping authority to issue Civil Investigative Demands (CIDs)—pre-lawsuit subpoenas for documents, written answers, and sworn testimony—from individuals, businesses, nonprofits, churches, and local governments. These can be triggered by mere “facts and circumstances” suggesting possible violations of the state or federal constitutions, the Washington Law Against Discrimination, wage laws, jail standards, or immigration enforcement limits. No court warrant or filed lawsuit is required upfront.

HB 1710 and HB 1750 overhaul the Washington Voting Rights Act. HB 1710 creates a state-level “preclearance” system giving the AGO veto power over election changes (district maps, voting methods, etc.) in any jurisdiction with a voting-rights violation in the past 25 years. HB 1750 strengthens claims by creating race- and language-based “protected classes” and imposes strict-scrutiny defenses on local governments. Together they shift power from local voters and elected officials to the statewide AGO.

HB 2156 allows certain AGO investigators to become “limited authority peace officers” for financial and economic crimes, enabling them to electronically serve judicial search warrants directly on businesses.

How the Laws Work Together

These bills do not operate in isolation. SB 5925’s CIDs provide the investigative muscle for the new voting-rights regime in HB 1710/1750. The AGO can now demand records and testimony from local officials or private groups before deciding on preclearance or filing suit. When layered with HB 2156 and the newly enacted Millionaires Tax (SB 6346), an income tax, the risk intensifies: the same office that helped draft the controversial income tax (as revealed in recently released public records) now gains streamlined tools to investigate the high earners it targets.

Liberty Concerns

These changes deserve the highest level of constitutional scrutiny because liberties are fragile—once diminished for one group or purpose, they can create a domino effect that harms everyone.

- Fourth Amendment / Privacy: Broad pre-suit CIDs and easier warrant service allow government fishing expeditions into private affairs without traditional judicial safeguards.

- First Amendment: Nonprofits, churches, and advocacy groups risk being swept into investigations, chilling speech, association, and petition rights.

- Equal Protection: Race- and language-based “protected classes” in voting laws treat citizens differently based on identity, raising reverse-discrimination and stereotyping concerns in the post-Students for Fair Admissions era.

- Separation of Powers & Local Control: The AGO (executive branch) now exercises significant oversight over local legislative functions such as elections and jails. Public records showing AGO involvement in drafting the Millionaires Tax further blur the line between lawmaker and enforcer.

Constitutional Vulnerabilities

Courts have upheld narrower versions of some of these tools in the past, but the 2026 expansions push into uncharted territory. Key precedents that could limit or strike them down include:

- Shelby County v. Holder (2013) – rejected outdated race-based preclearance formulas.

- Students for Fair Admissions v. Harvard (2023) – applied strict scrutiny to racial classifications.

- Washington cases emphasizing stronger protections for “private affairs” under Article I, Section 7 of the state constitution.

Critics warned during debate that these bills risk viewpoint discrimination, selective enforcement, and improper delegation of power. With the AGO’s documented role in shaping the Millionaires Tax while simultaneously seeking stronger investigative tools, the appearance of self-dealing only heightens the stakes.

Why This Matters

Liberties are not abstract—they protect every Washingtonian’s right to speak, associate, earn a living, and govern locally without fear of centralized intimidation. When one administration gains expansive investigative, preclearance, and financial-enforcement powers, future administrations (of any party) inherit the same machinery.

Citizens, local governments, and organizations should closely monitor implementation starting June 11, 2026. Legal challenges are expected and necessary.

Protecting constitutional boundaries today prevents the slow erosion of freedom we have all experienced tomorrow.