Wisconsin voters will decide on Nov. 3 whether to keep Democrat Josh Kaul as attorney general or replace him with Republican Eric Toney. The race, a rematch from 2022, underscores deep disagreements on how the state should interact with the Trump administration, protect unborn‑child rights, secure elections and manage crime‑lab resources.
Background on the candidates
Kaul, 45, is a former federal prosecutor who won his first term in 2018 by defeating Republican incumbent Brad Schimel, 49.4% to 48.8%. He was re‑elected in 2022, narrowly beating Toney by 1.3 points. Toney, 42, served as Fond du Lac County district attorney beginning in 2012 before challenging Kaul for a second time.
Trump administration lawsuits
Kaul has positioned himself as a staunch opponent of President Trump, joining more than 70 lawsuits against the administration. A recent analysis found that of the 72 suits, 40 resulted in favorable rulings or settlements, nine were lost and 23 remain pending. Successful actions include a Supreme Court decision upholding birthright citizenship and orders blocking a $65 million cut to federal research funding for the University of Wisconsin‑Madison. These outcomes illustrate how state officials can check federal overreach while protecting Wisconsinites.
Abortion and reproductive rights
Toney defends Wisconsin’s ban on abortions after 20 weeks and linked the issue to a Title IX investigation of a New Richmond school district that allowed transgender female students to use girls’ bathrooms. Kaul, by contrast, said he would join multistate litigation to safeguard access to abortion medication, arguing that any federal attempts to restrict medication abortions would be challenged if there is a strong legal basis and a clear harm to Wisconsinites.
Crime‑lab staffing and forensic testing
The candidates also differ sharply on crime‑lab performance. Toney criticized Kaul for unfilled positions and longer DNA‑testing turnaround times, citing a 2024 Legislative Audit Bureau report that showed analyst vacancies rising from 2.6% in 2019 to 9.5% in 2023 and median DNA‑case turnaround increasing from 61 days in 2022 to 112 days in 2024. Kaul responded that his office has upgraded testing technology, including probabilistic genotyping and more sensitive toxicology methods, which now yield more matches and better detection of controlled substances. He noted that the Legislature has repeatedly declined to fund the additional staff he requested.
Election integrity
On election security, Kaul emphasized protecting voters from intimidation, while Toney focused on preventing and prosecuting voter fraud. Both agree that safeguarding the ballot is essential, but they prioritize different aspects of the process.
What voters should consider
Wisconsin Watch’s interview series highlights that the race is less about personal rivalry and more about competing visions for the state’s legal landscape. Kaul’s record shows a willingness to challenge federal actions he deems harmful, while Toney argues for a more restrained, law‑and‑order approach that includes stricter abortion enforcement and tighter election oversight.
As the November election approaches, voters in Madison, Milwaukee, Fond du Lac and across the Badger State will need to weigh these policy differences against their own values and priorities.
Original reporting: Wisconsin Watch — read the source article.
