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Crime labs, federal lawsuits emerge as key divides in Wisconsin attorney general rematch

Democratic incumbent Josh Kaul and Republican challenger Eric Toney are set for a close rematch on Nov. 3, with crime-lab turnaround times and the state’s lawsuits against the Trump administration among their central disagreements. The candidates also offered competing accounts of public safety and their relationships with law enforcement.

Crime labs, federal lawsuits emerge as key divides in Wisconsin attorney general rematch
MADISON, Wis. — Wisconsin voters will choose between Democratic Attorney General Josh Kaul and Republican challenger Eric Toney on Nov. 3, renewing a contest Kaul won by a little more than one percentage point in 2022. In separate interviews, the candidates made public safety a central theme but pointed to different priorities. Kaul highlighted prosecutions of child predators, the state Office of School Safety and a multistate settlement with Meta that he said would require changes to better protect children’s mental health. Toney said his top priority would be improving forensic testing at Wisconsin crime labs. Toney argued that the labs are taking more than twice as long to process DNA evidence as they did under Kaul’s predecessor, despite having more analysts and better technology. He also criticized policies he said have reduced the amount of DNA testing performed. Kaul disputed a direct comparison, saying the state now uses probabilistic genotyping, a more complex form of DNA analysis than the methods used before he took office. Comparing turnaround times without accounting for that change, he said, is an “apples to oranges” comparison. The candidates also clashed over Wisconsin’s legal challenges to the Trump administration. Kaul said his office has won cases involving federal funding conditions and cuts, helping protect programs relied on by communities. He pointed to those cases as part of his record, alongside efforts to hold companies accountable for their alleged role in the opioid epidemic and a challenge to enforcement of Wisconsin’s 19th-century abortion ban. Toney said he would review the cases individually if elected, rather than make a blanket commitment to keep or drop them. He accused Kaul of applying different standards to Democratic and Republican administrations, saying Kaul had opposed lawsuits against the Biden administration. Kaul has said the cases he pursued against the Trump administration protected Wisconsin programs and funding. The candidates presented competing arguments about law enforcement support and crime trends. Toney has said more than 75% of Wisconsin sheriffs have endorsed him. Kaul responded that most counties and sheriffs in the state are Republican, and cited support from the La Crosse County district attorney and sheriff, as well as Dane County Sheriff Kelvin Barrett. Kaul also pointed to statewide figures showing violent crime has declined for several consecutive years, saying the prior year had the lowest number of violent crimes since 2011. Toney, the district attorney in Fond du Lac County, said crime there had fallen overall since he took office in 2013, while felony filings have risen and domestic violence filings have doubled. He said residents’ sense of safety matters alongside crime statistics. Toney framed his experience as a district attorney and leader in the state district attorneys’ association as evidence he can bring prosecutors together across party lines. Kaul argued that his office has delivered results through litigation and enforcement, including more than $800 million secured for communities through opioid-related actions. The closely contested 2022 race set up a rematch in a statewide election that will determine who leads Wisconsin’s Department of Justice for the next term.

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