Ballotpedia Preferred Source

How Wisconsin's candidates for attorney general differ on the office's role in multistate lawsuits against the federal government


Incumbent Josh Kaul (D) and Eric Toney (R) are running in the general election for Attorney General of Wisconsin on Nov. 3.

This is a rematch of the 2022 election, when Kaul defeated Toney 50.6% to 49.3%. President Donald Trump (R) defeated Kamala Harris (D) 49.6%–48.7% in the 2024 presidential election in Wisconsin. This is one of four offices in states that Trump won in 2024. Republicans aren't defending any offices in states that Harris won.

The attorney general's role in suing the federal government is an issue in this race. According to Wisconsin Public Radio, Kaul has filed or joined more than 70 multi-state lawsuits against the Trump administration as of October 2026. Among those were lawsuits on tariffs, federal funding cuts, birthright citizenship, and mail-in voting.

In Ballotpedia's Candidate Connection survey, Kaul included the lawsuits in a list of his accomplishments in office, while Toney criticized Kaul's participation in them. Kaul wrote, "My administration has joined many multistate cases against the Trump administration, including cases challenging conditions on, freezes of, or cuts to significant amounts of federal funding; an executive order issued on the first day of Donald Trump’s current term as president that sought to restrict birthright citizenship; changes the Trump administration had made to the federal childhood immunization schedule; and Trump administration policies that would weaken the protection of the environment.”

Toney wrote, "My 1st priority will be ensuring Wisconsin’s resources are focused on keeping communities safe. This is in contrast to our current Attorney General who has been focused on public lawsuits against the federal government as his top priority. Nearly all of the cases his office has 'joined' would have happened without him – because he’s essentially signing his name to the work of other state attorneys general. It’s another broken promise because he campaigned against federal lawsuits. Every resource devoted to these lawsuits is one that could be used to fix Kaul’s broken promises on our crime labs, to fight fentanyl, or improve public safety."

Kaul was first elected in 2018. Before he became attorney general, Kaul served as an assistant U.S. attorney in the District of Maryland and as a voting rights attorney. Kaul is running on his record. In response to our Candidate Connection survey, Kaul wrote, "Under my leadership, Wisconsin DOJ has investigated and/or prosecuted serious criminal activity, including homicides, sexual assaults, and drug trafficking. My administration has helped to fight the opioid epidemic, including by seeking accountability from opioid manufacturers and distributors and others that allegedly contributed to the opioid epidemic and helping to secure the recovery of hundreds of millions of dollars. I successfully fought to get legislation passed that will help prevent a future backlog of untested sexual assault kits in Wisconsin." Kaul also wrote that his administration "obtained a ruling last year from the Wisconsin Supreme Court that makes clear that abortions are not broadly banned in Wisconsin by a law dating back to the mid-1800s."

Toney was elected district attorney of Fond du Lac County in 2012. Previously, Toney served as the president of the Wisconsin District Attorneys Association. In response to our Candidate Connection survey, Toney said he would focus on public safety, writing, "That means an immediate priority is to fix the crime labs. I'll support the great lab analysts, end misguided policies that limit law enforcement's ability to have evidence tested, end work-from-home policies that take analysts away from the lab, and ensure we're filling the vacant positions we learned about in the nonpartisan audit." Toney also said he would "confront the drug crisis by empowering public safety leaders to aggressively prosecute drug crimes, especially fentanyl and methamphetamine, and restore the drug investigations in northern Wisconsin."

This election, along with the elections for governor and secretary of state, will determine Wisconsin's triplex status. Democrats currently hold all three offices, giving them a triplex Wisconsin.

Wisconsin's attorney general is the head of the state's Department of Justice and the chief legal officer for the state. The attorney general provides legal advice and representation for all state agencies. This is one of 30 attorney general elections taking place in 2026. Click here for an overview of all 30 attorney general elections taking place this year.