Get ready for a year of change and controversy as we dive into the new laws set to take effect across the nation in 2026. From the impact of AI and deepfakes to the rising costs of healthcare and the debate over paid leave, this year promises to be a game-changer.
As we bid farewell to 2025 and welcome the new year, a host of state laws will come into play, addressing a range of critical issues. From the use of artificial intelligence in healthcare and elections to the rising costs of medical insurance and the need for paid family and medical leave, these laws aim to shape the future of our society.
But here's where it gets controversial: some states are taking matters into their own hands, especially as Congress fails to extend tax subsidies for the Affordable Care Act. And with midterm elections on the horizon, a slew of restrictive voting laws are also set to take effect.
Let's dive into some of the key laws that will shape our lives in 2026:
Deepfakes and AI in Elections and Healthcare:
Thirty-eight states have taken a stand against the misuse of AI, passing legislation to regulate its role in elections and healthcare. According to the National Conference of State Legislatures, these laws aim to prevent AI from spreading false information and ensure its responsible use in medical contexts.
Despite President Trump's executive order seeking to limit state regulations on AI, states continue to lead the way. Tim Storey, CEO of the National Conference of State Legislatures, emphasizes that AI remains a top issue for states.
In the absence of federal legislation, states like California and Oregon have taken action. California has barred AI developers from giving patients the impression they are interacting with licensed professionals, while Oregon has prevented AI programs from using the title "nurse" when providing medical advice.
Additionally, Montana and South Dakota have passed laws requiring disclosures about the use of deepfakes in elections, a measure that could play a crucial role in the upcoming midterms.
Deepfakes, which are digitally altered images, videos, or audio, have been used to create false representations of people's statements or actions, causing confusion in state and national elections. For example, during the 2024 presidential election, a political consultant used AI to create a robocall impersonating President Joe Biden, urging New Hampshire Democrats not to vote in the primary.
And this is the part most people miss: Congress has yet to pass legislation to prohibit deepfake content that could mislead voters during elections.
Paid Family and Medical Leave:
Maine, Delaware, and Minnesota will implement paid family and medical leave policies in 2026, joining other states that already offer these benefits. Maryland, Vermont, and Washington have also expanded or amended their existing paid family leave policies, with changes taking effect this year.
State Senator Alice Mann, a physician and member of Minnesota's Democratic-Farmer-Labor Party, sponsored the state's paid leave bill. She was motivated by witnessing her patients' struggles, having to choose between taking care of themselves or their loved ones and missing paychecks.
"People are left with the choice of taking care of themselves, their family members, their new baby, and not getting a paycheck anymore," Mann said. "And that's not an option the rest of the world has to face."
While federal law provides up to 12 weeks of unpaid job protection for those in need of medical or caretaking leave, the U.S. remains the only developed economy without paid parental or medical leave. It's also one of the few countries without paid sick leave at a national level.
Mann emphasizes the importance of education and awareness, noting that time was needed before implementing the legislation to ensure people understood the policy. A $5 million public information campaign was launched to educate employers and community groups about the policy and its benefits.
Lapsing Obamacare Subsidies and Rising Healthcare Costs:
All 50 states will face rising healthcare costs starting in January, as Congress failed to extend Obamacare premium subsidies before the end of the year.
Colorado, in a special session, became one of the few states to enact legislation aimed at softening the blow of rising premiums. The state dedicated $100 million to offset premium hikes in its healthcare exchange, serving as a "bridge" for 2026.
State Representative Kyle Brown, a Democrat who sponsored the bill, said, "Before we passed the bill, people's premiums were expected to go up by 175% in Colorado. Now, they're only going up by 100%, which is still a significant increase, but it could have been worse."
According to KFF, a health policy research group, Affordable Care Act premium payments are likely to more than double due to the expiring subsidies. In Colorado, premiums for about 225,000 people will increase by an average of 101%, according to the state Insurance Division.
Brown expressed his hope that Congress would extend the Obamacare subsidies but realized the funds were unlikely to materialize after witnessing the U.S. government shutdown last fall, the longest federal funding lapse in history.
"It feels like states are on their own. We don't have a willing partner in the federal government anymore, so we must do what we can to take care of our people and make healthcare as affordable and accessible as possible," Brown said.
Stricter Voting Laws:
In the past year, 20 states passed 37 bills to restrict voting access and elections, according to the Voting Rights Lab. Meanwhile, 23 states passed 51 bills intended to improve voting and elections, the lowest number since the group started tracking state legislation.
Kansas and North Dakota eliminated grace periods for mail-in ballots postmarked by Election Day but arriving afterward. Additionally, eight states passed legislation to restrict or eliminate alternatives to photo ID as proof of voter registration.
Many of these states were influenced by Trump's executive order in March, which pushed for broad changes in U.S. elections. Chris Vasquez, director of legislative tracking at the Voting Rights Lab, said, "The main thrust of the story this year is Trump issuing this executive order."
The order aimed to require proof of citizenship when registering to vote and for mail-in ballots to be sent before Election Day. While the proof-of-citizenship requirement was blocked in U.S. District Court, certain states have passed legislation mirroring other policies in the executive order.
Vasquez will be watching state redistricting and a related Supreme Court case in 2026, which could limit the scope of the Voting Rights Act and potentially lead to further voting restrictions.
"I think these state voting rights acts are essentially something to keep an eye on as potential work against potentially voter suppressive laws," he said.
As we navigate these new laws and their implications, it's essential to stay informed and engaged. What are your thoughts on these changes? Do you agree with the measures taken by these states? Share your opinions and let's spark a conversation!
