FACT BRIEF

Does Eric Toney want to 'allow district attorneys to cross county lines to investigate and enforce the abortion ban?'

Saturday, October 22, 2022

By Erin Gretzinger

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YES

Fond du Lac County District Attorney Eric Toney, the Republican candidate for Wisconsin Attorney General, wants to allow district attorneys from other counties to enforce Wisconsin's contested 1849 abortion ban and prosecute abortion cases when the local district attorney declines. Current Wisconsin Attorney General Democrat Josh Kaul opposes this proposal and has said he would not enforce the ban.

Currently, the Wisconsin Attorney General and the Wisconsin Department of Justice have limited power to prosecute, and only in certain kinds of cases. The DOJ can step in on other cases, but only at the request of the local district attorney. Expanding the DOJ's prosecutorial authority to local counties would require action by the state Legislature.

This fact brief is responsive to conversations such as this one.

Sources

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

PBS Wisconsin 2022 AG candidates spar over expanding prosecution authority

State of Wisconsin Wisconsin Department of Justice

WisPolitics Kaul campaign: AG Kaul slams Toney’s plan for roving abortion ban enforcers

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