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.
2022: Eric Toney Promoted Himself At The Wisconsin Republican Convention As “One Of The Most Aggressive Prosecutors Of Election Fraud” In The State. According to Wisconsin Public Radio, “During his introduction at the Republican Party of Wisconsin convention in May, Toney pushed his reputation as ‘one of the most aggressive prosecutors of election fraud’ in the state." [Wisconsin Public Radio, 7/9/22]
2022: Fond du Lac County District Attorney Eric Toney Charged Jamie Wells With Election Fraud After She Listed A UPS Store As Her Voting Address, Leading Wells To Never Wanting To Vote Again. According to Wisconsin Watch, "Jamie Wells doesn’t want to vote ever again. The one and only time she did was back in November 2020. That single ballot caused so much stress and turmoil and mounting debt that she will probably never again do it. Wells, 53, is one of five people charged with election fraud for having a UPS Store listed as their voting address by Fond du Lac County District Attorney Eric Toney — a Republican candidate vying for Wisconsin attorney general who has made voter fraud and election security key issues in his campaign." [Wisconsin Watch, 7/9/22]
2022: Eric Toney Charged Jamie Wells With Election Fraud After She Used A UPS Store Address To Vote For The First Time, Leaving Her Facing Prison Time And The Loss Of Her Voting Rights. According to Wisconsin Watch, “Wells said she and her husband didn’t know using a UPS Store address to vote was a problem. She said she felt motivated to vote for the very first time to re-elect then-President Donald Trump. The couple now faces up to three and a half years in prison and maximum fines of $10,000 each. Wells and her husband also would be barred from voting until they serve their full sentences, including any probation or supervision.” [Wisconsin Watch, 7/9/22]
2022: Jamie Wells Said She And Her Husband Used A Fond du Lac UPS Store Address For Decades Without Problems Before Eric Toney Treated Her “Like A Criminal” For Registering To Vote At That Address. According to Wisconsin Watch, "Wells said she and her husband have used that UPS Store in Fond du Lac as their address for decades without a problem. They registered to vote using that address because they didn’t have another one to list. ‘But this (prosecutor) here seems to think I’m a criminal,’ she said. ‘And that’s the part that upsets me most of anything.’" [Wisconsin Watch, 7/9/22]
Brennan Center Voting Rights Expert Eliza Sweren-Becker Said Toney's Voter Fraud Prosecutions Were “A Hammer In Search Of A Nail.” According to Wisconsin Public Radio, "Eliza Sweren-Becker, voting rights and elections expert in the Democracy Program at the Brennan Center for Justice, said when there are instances of misconduct, it’s usually fraud targeting voters — not the other way around. [...] However, Sweren-Becker said organized efforts to find voter fraud have mostly come up empty because it’s not widespread and rarely impacts elections. The new laws and prosecutions are all ‘a hammer in search of a nail,’ she said.” [Wisconsin Public Radio, 7/9/22]
Voter Fraud Was Extremely Rare In Wisconsin, With Only 12 Cases Referred Out Of 3.3 Million Ballots Cast In 2020, And Found No Widespread Fraud Despite Prosecutions In Fond Du Lac County. According to Wisconsin Public Radio, "Voter fraud is extremely rare because, among other factors, it’s difficult to do with all of the safeguards and checks in the process. Multiple reviews and audits found no widespread fraud in Wisconsin’s 2020 election — or in any other state. Local elections clerks in Wisconsin referred 12 cases to prosecutors related to the 2020 general election, out of 3.3 million ballots cast. But Wells and the others charged in Fond du Lac County were not among them.” [Wisconsin Public Radio, 7/9/22]
Marquette University Election Law Expert Atiba Ellis Warned Prosecutions Over Innocent Voting Errors Could Discourage People From Voting. According to Wisconsin Public Radio, "‘If a voter can’t trust that an innocent error won’t result in a felony conviction, that might make voters think twice about whether it’s worth it to vote at all,’ Marquette University election law expert Atiba Ellis said." [Wisconsin Public Radio, 7/9/22]
2022: Eric Toney Defended Felony Voter Fraud Charges In Fond Du Lac County And Warned Wisconsin Voters Improper Registration Could Result In Criminal Referrals And Felony Charges. According to Wisconsin Public Radio, "‘Elections are cornerstone (sic) of our democracy which must be defended at every turn, not just when you agree with the law or the politics,’ he wrote. ‘I want people (to) exercise their right to vote and ensure they do so lawfully. Wisconsin law requires someone to register to vote where they live, not where they receive mail. That is made clear on voter registration forms.’ ‘It’s important to draw attention to this so people understand how do they vote or register, to make sure that they don’t end up with a referral to a local district attorney that could result in a felony voter fraud charge,’ Toney said.” [Wisconsin Public Radio, 7/9/22]
2022: University Of Wisconsin Law Professor Ion Meyn Called Toney’s Prosecution Decisions In Fond Du Lac County “A Real Abuse Of (Prosecutorial) Discretion.” According to Wisconsin Public Radio, "Ion Meyn, an assistant law professor at the University of Wisconsin, called the cases against Wells and others in Fond du Lac County ‘a real abuse of (prosecutorial) discretion.’" [Wisconsin Public Radio, 7/9/22]
2022: Election And Criminal Law Experts Questioned The Motives And Validity Behind Toney’s Prosecutions Tied To Alleged Voter Fraud Cases In Fond Du Lac County. According to Wisconsin Public Radio, "Election and criminal law experts questioned the motives behind, and the validity of, the cases against Wells and others. They say prosecutions like these — as well as disinformation about voter fraud and its prevalence — can discourage people from voting and lead to new laws that add unnecessary barriers to voting." [Wisconsin Public Radio, 7/9/22]
Fond du Lac County Complaint Behind Eric Toney’s Voter Fraud Case Came From A Wisconsin Activist Later Fined $2,400 For Filing “Frivolous Complaints.” According to Wisconsin Public Radio, "Toney has said the tip came from Peter Bernegger, a Wisconsin man who has since been fined $2,400 by the Wisconsin Elections Commission for making ‘frivolous complaints’ — including the one against Wells." [Wisconsin Public Radio, 7/9/22]