Republican Wisconsin attorney general candidate Eric Toney says district attorneys should cross county lines to prosecute abortion cases

Corrinne Hess
Milwaukee Journal Sentinel
Attorney General Josh Kaul, left and Fond du Lac County District Attorney Eric Toney, right

First, Wisconsin's Republican attorney general candidate Eric Toney suggested the Department of Justice prosecute cases in Milwaukee. Now, he would like the Legislature to give district attorneys the power to cross county lines to prosecute abortion cases. 

Toney, who has been outspoken in his support for banning abortion in nearly all cases, said when a district attorney doesn't enforce the state's 1849 abortion ban, a different DA should be able to come into the county to do it.

"We need to give our attorney general the authority to prosecute. They already would have the technical authority to investigate it," Toney said during an interview conducted in July and broadcast Friday on PBS. "And I think another approach would be allowing for adjoining counties to be able to investigate and enforce that abortion ban in Wisconsin."

District attorneys in Wisconsin are not allowed to prosecute cases outside of their jurisdictions unless requested by that county's district attorney.

Toney, who is currently serving as the Fond du Lac County district attorney, has built his campaign on a tough-on-crime prosecutor.

More:Winner of Wisconsin attorney general race will dictate the state's path forward on environmental enforcement of PFAS, CAFOs

His opponent, Attorney General Josh Kaul, has built his on undoing the 1849 abortion law, which was put into place before women had the right to vote. 

Kaul has also said he would not enforce the law as attorney general. 

"The Wisconsin Department of Justice has about 100 investigators, as well as a number of prosecutors," Kaul said during the same PBS interview. "Putting those resources towards going after doctors or nurses or spouses or parents for violating that 19th century abortion ban first is wrong, but on top of that, would be shifting resources from protecting public safety."

Kaul's campaign spokesman, Joe Oslund, added Monday: “Eric Toney’s suggestion that we turn the AG and DAs into roving abortion ban enforcers should be deeply concerning to all Wisconsinites." 

Abortion is among top concerns for voters in Wisconsin

The latest Marquette University Law School Poll found abortion policy is the fourth most important concern among voters, following inflation, public schools and gun violence. 

When asked if Wisconsin should allow a woman to obtain a legal abortion if she became pregnant as the result of rape or incest, 90% of respondents said yes. 

Kaul and Toney are scheduled to debate at 4 p.m. Oct. 27 the State Bar of Wisconsin headquarters in Madison. WISC-TV in Madison and WisPolitics.com are sponsoring the event.

More:What to know about Eric Toney, the Republican candidate for Wisconsin attorney general

More:What you need to know about Josh Kaul, the Democratic attorney general running for another term in Wisconsin

Corrinne Hess can be reached at chess@gannett.com. Follow her @corrihess.