Wisconsin Attorney General candidate Eric Toney repeatedly pledged to “enforce” and “defend” Wisconsin’s 1849 near-total abortion ban after Roe v. Wade was overturned, even suggesting abortion providers could face prosecution. He embraced endorsements from anti-abortion organizations that praised his “core values” and opposition to abortion rights. Eric Toney also said marriage between “one man and one woman” was “the foundation of civilization” and embraced support from Wisconsin Family Action, a group that opposed same-sex marriage and LGBTQ+ rights. Eric Toney opposed stronger environmental protections and refused to say whether he would continue Wisconsin’s PFAS lawsuit while communities across the state faced contamination concerns, drinking water risks, and ongoing cleanup efforts. In 2022, Eric Toney promoted himself as “one of the most aggressive prosecutors of election fraud” in Wisconsin while pursuing felony voter fraud charges experts warned could discourage voting, even as voter fraud remained extremely rare statewide. Toney also opposed red flag laws designed to temporarily restrict firearm access for dangerous individuals. Instead, Toney argued Wisconsin’s existing mental health commitment process provided sufficient due process protections, despite gun violence prevention advocates arguing the system was more complex and less effective for preventing suicides and protecting people in crisis.
Eric Toney had repeatedly pledged to “enforce” and “defend” Wisconsin’s 1849 near-total abortion ban if elected as attorney general, embracing one of the state’s most extreme anti-abortion laws. In 2022, after Roe v. Wade was overturned, Toney suggested he would enforce Wisconsin’s 1849 near-total abortion ban, which effectively prohibited nearly all abortions and only allowed exceptions when a woman’s life was in danger. Toney also suggested the state should expand prosecutorial authority so abortion cases could be pursued across county lines if local district attorneys refused to enforce the ban, and he later refused to rule out prosecuting doctors who provided abortions, including in cases involving rape or incest.
Toney also supported blocking public funding for Planned Parenthood and other abortion providers.
In 2022, anti-abortion rights organizations Wisconsin Family Action and Wisconsin Right to Life endorsed Toney for attorney general and praised his anti-abortion positions and “core values.” After he pledged to enforce Wisconsin’s 1849 abortion ban, Toney embraced the endorsements and described Wisconsin Family Action as the state’s leading group fighting for “pro-family” and anti-abortion issues.
Message: Eric Toney would leave Wisconsin abortion providers at risk for criminal charges.
In 2022, Eric Toney said marriage between “one man and one woman” was “the foundation of civilization” and “fundamental” to Wisconsin’s prosperity.
In 2022, Wisconsin Family Action endorsed Eric Toney for attorney general and praised his alignment with the group’s “pro-family” agenda, “core values,” and positions on its “core issues.” Toney embraced the endorsement and described Wisconsin Family Action as the state’s leading organization fighting for “pro-family” issues. Wisconsin Family Action declared marriage should only exist between “one man and one woman” and opposed policies supporting LGBTQ+ rights.
Message: Eric Toney threatened LGBTQ+ Wisconsinites' right to marry and aligned with anti-LGBTQ groups.
In 2022, Eric Toney refused to commit to continuing the state’s PFAS lawsuit against companies accused of contamination as Wisconsin pursued PFAS cleanup efforts and lawsuits over contaminated water sources. Eric Toney repeatedly argued stronger environmental regulations hurt businesses and the economy and warned environmental enforcement could place financial burdens on Wisconsin businesses, even though PFAS contamination harmed Wisconsin communities and raised serious public health concerns.
Investigate Midwest reported residents near Johnson Controls International’s Marinette facility linked PFAS exposure to serious health concerns, including testicular cancer cases identified in Craig Koller’s high school class at rates roughly 10 times higher than the national average. PFAS contamination spread across Wisconsin while regulators declined to set groundwater standards, Midwest Environmental Advocates warned private well users remained vulnerable to contamination, and more than 100 contamination cases remained under investigation statewide. Investigate Midwest also reported Johnson Controls International found elevated PFAS levels near its Marinette facility in 2013 but did not acknowledge contamination beyond the site until 2017.
The State of Wisconsin later pursued monetary penalties and court-ordered remediation efforts against Johnson Controls International and Tyco, while the Wisconsin Supreme Court expanded the state’s authority to require PFAS cleanup efforts.
Message: Eric Toney refused to protect Wisconsin communities from PFAS contamination and drinking water risks.
In 2022, Eric Toney promoted himself as “one of the most aggressive prosecutors of election fraud” in Wisconsin as he pursued felony voter fraud charges against Fond du Lac County residents, which one election law expert called “a hammer in search of a nail.” One of those residents, first-time voter Jamie Wells, later said the prosecution made her never want to vote again. Wells and her husband faced prison time, fines, and the potential loss of voting rights after using a UPS Store address they had relied on for decades. Wisconsin law required voters to register using a residential address, although Wells said she did not realize using the UPS address could lead to felony charges.
Wisconsin Public Radio reported voter fraud was extremely rare in Wisconsin, with only 12 cases referred out of 3.3 million ballots cast in 2020, and Marquette University election law expert Atiba Ellis warned prosecutions over innocent voting errors could discourage people from voting.
University of Wisconsin law professor Ion Meyn called Toney’s prosecution cases in Fond du Lac County “a real abuse of (prosecutorial) discretion” while other election law experts questioned the motives and validity of Toney’s aggressive prosecutions. Despite those concerns, Toney defended the prosecutions and warned Wisconsin voters improper registration could result in felony voter fraud charges.
Message: Eric Toney’s aggressive voter fraud prosecutions risked discouraging Wisconsin residents from exercising their right to vote.
Eric Toney opposed “red flag laws” and argued Wisconsin’s existing Chapter 51 mental health commitment process provided sufficient due process protections to restrict firearm access for dangerous individuals.
Wisconsin’s Chapter 51 law allowed courts to seize firearms after involuntary commitment proceedings while permitting individuals to later petition for restoration of their gun rights. The Wisconsin Anti-Violence Effort argued Chapter 51 was “more complex” than Extreme Risk Protection Order laws and “often inadequate for providing safety to someone who is suicidal.”
According to Everytown Research & Policy, Extreme Risk laws limited who could file petitions, required evidence of serious threats, and ensured respondents had opportunities to present a defense. Everytown Research & Policy also found the process included timely hearings and had been recognized by the U.S. Supreme Court as meeting constitutional due process standards.
Message: Eric Toney opposed red flag laws despite constitutional due process protections designed to protect Wisconsinites.