Wisconsin Attorney General election, 2022

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2018
Wisconsin Attorney General
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Democratic primary
Republican primary
General election
Election details
Filing deadline: June 1, 2022
Primary: August 9, 2022
General: November 8, 2022

Pre-election incumbent(s):
Josh Kaul (Democratic)
How to vote
Poll times: 7 a.m. to 8 p.m.
Voting in Wisconsin
Ballotpedia analysis
Federal and state primary competitiveness
State executive elections in 2022
Impact of term limits in 2022
State government trifectas
State government triplexes
Ballotpedia's Election Analysis Hub, 2022
Wisconsin
executive elections
Governor

Lieutenant Governor
Attorney General
Secretary of State
Treasurer


Incumbent Josh Kaul (D) defeated Eric Toney (R) in the general election for Wisconsin attorney general on November 8, 2022.

Kaul was first elected in 2018, defeating incumbent Brad Schimel (R) 49.4% to 48.8%. Before Kaul's election, a Republican had held the office since 2007.

In September, Sabato's Crystal Ball senior columnist Louis Jacobson named this election as one of the five most competitive attorney general races in 2022, writing, "When Kaul won the office in 2018, his vote margin was narrow and tracked the showing of Democratic gubernatorial nominee Tony Evers. Evers is facing a tough reelection in 2022, and so is Kaul. ... [U]ltimately, [Kaul's] fate will probably mirror whatever happens to Evers in November, and possibly the result of the U.S. Senate race between GOP incumbent Ron Johnson and Democratic Lt. Gov. Mandela Barnes."[1]

Kaul's campaign website stated, "As Attorney General, Josh’s top priority is public safety. ... [H]is administration has investigated and/or prosecuted some of the most serious offenses in the state, including homicides, sexual assaults, robberies, internet crimes against children, and drug trafficking."[2] The website also stated, "[Kaul's] administration has fought crime, protected our natural resources, and defended our rights, taking on tough issues and getting results."[3] Kaul previously served as an assistant U.S. attorney in the U.S. District Court for the District of Maryland and as a voting rights attorney. Kaul's mother, Peggy Lautenschlager (D), served as attorney general from 2003 to 2007.

Toney was elected district attorney in Fond du Lac County in 2012 and was re-elected in 2016 and 2020.[4][5][6] Toney said he was running to "restore the Department of Justice’s mission to fight crime, support law enforcement, protect families, and enforce the rule of law," saying that Kaul had "failed to support law enforcement, politicized the Department of Justice, failed to defend our election laws, has rejected the title of Wisconsin’s 'Top Cop' and has begun to systematically defund the Department of Justice’s ability to prosecute cases[.]"[7]

The attorney general is the head of the Wisconsin Department of Justice and the chief legal officer for the state. During their campaigns, Kaul and Toney addressed issues such as public safety and crime, state abortion regulations, and election access and security.[2][7][8][9][10] To read more about the candidates and their key messages, click here.

In 2018, Democrats gained a state government triplex in Wisconsin when Democratic candidates defeated Republican incumbents in the elections for governor and attorney general, and the Democratic secretary of state was re-elected. All three offices were up for election again in 2022.

This was one of 30 elections for attorney general taking place in 2022. All 50 states have an attorney general who serves as the state's chief legal officer, responsible for enforcing state law and offering the state government advice on legal matters. In 43 states, the office was, at the time of the 2022 elections, an elected post. At the time of the 2022 elections, there were 27 Republican attorneys general and 23 Democratic attorneys general. Click here for an overview of all 30 attorney general elections that took place in 2022. A state government triplex refers to a situation where the governor, attorney general, and secretary of state are all members of the same political party. Heading into the 2022 elections, there were 23 Republican triplexes, 18 Democratic triplexes, and nine divided governments where neither party held triplex control.

For more information about the primaries in this election, click on the links below:


Candidates and election results

General election

General election for Attorney General of Wisconsin

Incumbent Josh Kaul defeated Eric Toney in the general election for Attorney General of Wisconsin on November 8, 2022.

Candidate
%
Votes
Image of Josh Kaul
Josh Kaul (D)
 
50.6
 
1,333,369
Image of Eric Toney
Eric Toney (R)
 
49.3
 
1,298,369
 Other/Write-in votes
 
0.1
 
1,539

Total votes: 2,633,277
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Withdrawn or disqualified candidates

Democratic primary election

Democratic primary for Attorney General of Wisconsin

Incumbent Josh Kaul advanced from the Democratic primary for Attorney General of Wisconsin on August 9, 2022.

Candidate
%
Votes
Image of Josh Kaul
Josh Kaul
 
99.8
 
461,024
 Other/Write-in votes
 
0.2
 
751

Total votes: 461,775
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Republican primary election

Republican primary for Attorney General of Wisconsin

Eric Toney defeated Adam Jarchow and Karen Mueller in the Republican primary for Attorney General of Wisconsin on August 9, 2022.

Candidate
%
Votes
Image of Eric Toney
Eric Toney
 
37.4
 
222,902
Image of Adam Jarchow
Adam Jarchow
 
36.9
 
220,045
Image of Karen Mueller
Karen Mueller
 
25.6
 
152,581

Total votes: 595,528
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Withdrawn or disqualified candidates

Voting information

See also: Voting in Wisconsin

Election information in Wisconsin: Nov. 8, 2022, election.

What was the voter registration deadline?

  • In-person: Nov. 4, 2022
  • By mail: Postmarked by Oct. 19, 2022
  • Online: Oct. 19, 2022

Was absentee/mail-in voting available to all voters?

N/A

What was the absentee/mail-in ballot request deadline?

  • In-person: Nov. 6, 2022
  • By mail: Received by Nov. 3, 2022
  • Online: Nov. 3, 2022

What was the absentee/mail-in ballot return deadline?

  • In-person: Nov. 8, 2022
  • By mail: Received by Nov. 8, 2022

Was early voting available to all voters?

Yes

What were the early voting start and end dates?

Oct. 25, 2022 to Nov. 6, 2022

Were all voters required to present ID at the polls? If so, was a photo or non-photo ID required?

N/A

When were polls open on Election Day?

7 a.m. to 8 p.m.


Candidate comparison

Candidate profiles

This section includes candidate profiles that may be created in one of two ways: either the candidate completed Ballotpedia's Candidate Connection survey, or Ballotpedia staff may compile a profile based on campaign websites, advertisements, and public statements after identifying the candidate as noteworthy. For more on how we select candidates to include, click here.

Image of Josh Kaul

WebsiteFacebookTwitter

Party: Democratic Party

Incumbent: Yes

Political Office: 

Biography:  Kaul received a bachelor's degree in economics and history from Yale University in 2003 and a law degree from Stanford Law School, where he was president of the law review, in 2006. After law school, he clerked for U.S. Circuit Judge Michael Boudin. Kaul worked for Jenner & Block from 2007 to 2010. From 2010 to 2014, he was an assistant U.S. attorney in the District of Maryland. Kaul joined Perkins Coie as a voting rights attorney in 2014.



Key Messages

The following key messages were curated by Ballotpedia staff. For more on how we identify key messages, click here.


Kaul’s campaign website said, "Josh’s top priority is public safety. …[H]is administration has investigated and/or prosecuted some of the most serious offenses in the state[.] … Throughout his time as AG, Josh has consistently advocated for increased funding for public safety." Kaul highlighted his $115 million public safety investment plan.


Kaul criticized Toney’s position on abortion and said, "We need to repeal Wisconsin’s mid-1800s criminal abortion ban and restore access to safe and legal abortion." Kaul's campaign website said he had "filed a lawsuit seeking a ruling that [the ban] … is not in effect," said he "[wouldn't] use any Wisconsin Department of Justice resources to investigate or prosecute anyone for alleged violations of that ban," and said he had "called for DAs to use their discretion not to enforce that ban."


Kaul said, "Protecting clean water isn’t just about protecting natural resources—it’s also about protecting our health and economy—and I’m proud to have held polluters accountable." His campaign website said, "Josh’s administration has stood up for federal protections against air pollution and climate change, for clean water, and for endangered species."


Show sources

This information was current as of the candidate's run for Attorney General of Wisconsin in 2022.

Image of Eric Toney

WebsiteFacebookTwitterYouTube

Party: Republican Party

Incumbent: No

Political Office: 

  • Fond du Lac County District Attorney (Assumed office: 2013)

Biography:  Toney received a bachelor's degree in history and political science from St. Norbert College in 2006 and a law degree from Mitchell Hamline School of Law in 2009. During law school, he was a certified student attorney in the Fond du Lac County district attorney's office. Before being elected as Fond du Lac County district attorney, Toney was an attorney at O'Rourke Law Offices.



Key Messages

The following key messages were curated by Ballotpedia staff. For more on how we identify key messages, click here.


Toney criticized Kaul, saying he "failed to support law enforcement, politicized the Department of Justice, failed to defend our election laws, has rejected the title of Wisconsin’s 'Top Cop' and has begun to systematically defund the Department of Justice’s ability to prosecute cases in Wisconsin." Toney said, "My number one focus as your attorney general will be to keep you safe. I can promise you, unlike Josh Kaul, it won’t be to appease soft-on-crime, radical politicians."


Toney said he was "law enforcement’s choice" and highlighted endorsements he received from law enforcement officers and organizations, as well as his personal experience as the son of a police officer. He also said he supported qualified immunity "to ensure [officers] are able to maintain law and order without the threat of legal action."


Toney said, "I strongly support improving and defending Wisconsin election laws. I’m prosecuting more election fraud than anyone in Wisconsin and [have] already convicted two defendants of breaking Wisconsin election laws in November 2020. I’m also fighting to hold the Wisconsin Election Commission Board accountable for their actions in 2020."


Show sources

This information was current as of the candidate's run for Attorney General of Wisconsin in 2022.

Ballotpedia's Candidate Connection survey responses

Ballotpedia asks all federal, state, and local candidates to complete a survey and share what motivates them on political and personal levels. Candidates are asked three required questions for this survey, but they may answer additional optional questions as well.

No candidate in this race completed Ballotpedia's Candidate Connection survey.


Campaign advertisements

This section includes a selection of up to three campaign advertisements per candidate released in this race, as well as links to candidates' YouTube, Vimeo, and/or Facebook video pages. If you are aware of other links that should be included, please email us.

Democratic Party Josh Kaul

Ballotpedia did not come across any campaign ads for Kaul while conducting research on this election. If you are aware of any ads that should be included, please email us.

Republican Party Eric Toney

June 4, 2022
April 3, 2021

View more ads here:


Election competitiveness

Polls

See also: Ballotpedia's approach to covering polls

We provide results for polls that are included in polling aggregation from FiveThirtyEight and RealClearPolitics, when available. No polls were available for this election. To notify us of polls published in this election, please email us.

Endorsements

Click the links below to see endorsement lists published on candidate campaign websites, if available. If you are aware of a website that should be included, please email us.

Election spending

Campaign finance

General election

Satellite spending

See also: Satellite spending

Satellite spending describes political spending not controlled by candidates or their campaigns; that is, any political expenditures made by groups or individuals that are not directly affiliated with a candidate. This includes spending by political party committees, super PACs, trade associations, and 501(c)(4) nonprofit groups.[12][13][14]

If available, this section includes links to online resources tracking satellite spending in this election. To notify us of a resource to add, email us.

  • Click here to search independent expenditures reported to the Wisconsin Ethics Commission.

Election analysis

Click the tabs below to view information about demographics, past elections, and partisan control of the state.

  • Presidential elections - Information about presidential elections in the state.
  • Statewide elections - Information about recent U.S. Senate and gubernatorial elections in the state.
  • State partisanship - The partisan makeup of the state's congressional delegation and state government.
  • Demographics - Information about the state's demographics and how they compare to the country as a whole.

Presidential elections

See also: Presidential voting trends in Wisconsin and The Cook Political Report's Partisan Voter Index

Cook PVI by congressional district

Cook Political Report's Partisan Voter Index for Wisconsin, 2022
District Incumbent Party PVI
Wisconsin's 1st Bryan Steil Ends.png Republican R+3
Wisconsin's 2nd Mark Pocan Electiondot.png Democratic D+19
Wisconsin's 3rd Open Electiondot.png Democratic R+4
Wisconsin's 4th Gwen Moore Electiondot.png Democratic D+25
Wisconsin's 5th Scott Fitzgerald Ends.png Republican R+14
Wisconsin's 6th Glenn Grothman Ends.png Republican R+10
Wisconsin's 7th Tom Tiffany Ends.png Republican R+12
Wisconsin's 8th Mike Gallagher Ends.png Republican R+10


2020 presidential results by 2022 congressional district lines

2020 presidential results in congressional districts based on 2022 district lines, Wisconsin[15]
District Joe Biden Democratic Party Donald Trump Republican Party
Wisconsin's 1st 48.3% 50.3%
Wisconsin's 2nd 70.2% 28.4%
Wisconsin's 3rd 46.8% 51.5%
Wisconsin's 4th 75.9% 22.8%
Wisconsin's 5th 37.9% 60.8%
Wisconsin's 6th 41.4% 57.0%
Wisconsin's 7th 39.3% 59.2%
Wisconsin's 8th 41.5% 57.0%


2012-2020

How a state's counties vote in a presidential election and the size of those counties can provide additional insights into election outcomes at other levels of government including statewide and congressional races. Below, four categories are used to describe each county's voting pattern over the 2012, 2016, and 2020 presidential elections: Solid, Trending, Battleground, and New. Click [show] on the table below for examples:


Following the 2020 presidential election, 46.1% of Wisconsinites lived in one of the state's 37 Solid Republican counties, which voted for the Republican presidential candidate in every election from 2012 to 2020, and 35.7% lived in one of 12 Solid Democratic counties. Overall, Wisconsin was Battleground Democratic, having voted for Barack Obama (D) in 2012, Donald Trump (R) in 2016, and Joe Biden (D) in 2020. Use the table below to view the total number of each type of county in Wisconsin following the 2020 election as well as the overall percentage of the state population located in each county type.

Historical voting trends

Wisconsin presidential election results (1900-2020)

  • 15 Democratic wins
  • 15 Republican wins
  • 1 other win
Year 1900 1904 1908 1912 1916 1920 1924 1928 1932 1936 1940 1944 1948 1952 1956 1960 1964 1968 1972 1976 1980 1984 1988 1992 1996 2000 2004 2008 2012 2016 2020
Winning Party R R R D R R P[16] R D D D R D R R R D R R D R R D D D D D D D R D

Statewide elections

This section details the results of the five most recent U.S. Senate and gubernatorial elections held in the state.

U.S. Senate elections

See also: List of United States Senators from Wisconsin

The table below details the vote in the five most recent U.S. Senate races in Wisconsin.

U.S. Senate election results in Wisconsin
Race Winner Runner up
2018 55.4%Democratic Party 44.6%Republican Party
2016 50.2%Republican Party 46.8%Democratic Party
2012 51.4%Democratic Party 45.9%Republican Party
2010 51.9%Republican Party 47.0%Democratic Party
2006 67.3%Democratic Party 29.5%Republican Party
Average 55.2 42.8

Gubernatorial elections

See also: Governor of Wisconsin

The table below details the vote in the five most recent gubernatorial elections in Wisconsin.

Gubernatorial election results in Wisconsin
Race Winner Runner up
2018 49.5%Democratic Party 48.4%Republican Party
2014 52.3%Republican Party 46.6%Democratic Party
2010 52.3%Republican Party 46.5%Democratic Party
2006 52.8%Democratic Party 45.4%Republican Party
2002 45.1%Democratic Party 41.4%Republican Party
Average 50.4 45.7

State partisanship

Congressional delegation

The table below displays the partisan composition of Wisconsin's congressional delegation as of November 2022.

Congressional Partisan Breakdown from Wisconsin, November 2022
Party U.S. Senate U.S. House Total
Democratic 1 3 4
Republican 1 5 6
Independent 0 0 0
Vacancies 0 0 0
Total 2 8 10

State executive

The table below displays the officeholders in Wisconsin's top four state executive offices as of November 2022.

State executive officials in Wisconsin, November 2022
Office Officeholder
Governor Democratic Party Tony Evers
Lieutenant Governor Democratic Party Mandela Barnes
Secretary of State Democratic Party Dogulas J. La Follette
Attorney General Democratic Party Josh Kaul

State legislature

The tables below highlight the partisan composition of the Wisconsin State Legislature as of November 2022.

Wisconsin State Senate

Party As of November 2022
     Democratic Party 12
     Republican Party 21
     Vacancies 0
Total 33

Wisconsin State Assembly

Party As of November 2022
     Democratic Party 38
     Republican Party 57
     Vacancies 4
Total 99

Trifecta control

As of November 2022, Wisconsin was a divided government, with Democrats controlling the governorship and Republican majorities in both chambers of the state legislature. The table below displays the historical trifecta status of the state.

Wisconsin Party Control: 1992-2022
Two years of Democratic trifectas  •  Ten years of Republican trifectas
Scroll left and right on the table below to view more years.

Year 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22
Governor R R R R R R R R R R R D D D D D D D D R R R R R R R R D D D D
Senate D R R R D D R D D D D R R R R D D D D R R R R R R R R R R R R
House D D D R R R R R R R R R R R R R R D D R R R R R R R R R R R R

Demographics

The table below details demographic data in Wisconsin and compares it to the broader United States as of 2019.

Demographic Data for Wisconsin
Wisconsin United States
Population 5,686,986 308,745,538
Land area (sq mi) 54,167 3,531,905
Race and ethnicity**
White 85.4% 72.5%
Black/African American 6.4% 12.7%
Asian 2.8% 5.5%
Native American 0.9% 0.8%
Pacific Islander 0% 0.2%
Two or more 2.4% 3.3%
Hispanic/Latino 6.8% 18%
Education
High school graduation rate 92.2% 88%
College graduation rate 30.1% 32.1%
Income
Median household income $61,747 $62,843
Persons below poverty level 11.3% 13.4%
Source: population provided by U.S. Census Bureau, "Decennial Census" (2010). Other figures provided by U.S. Census Bureau, "American Community Survey" (5-year estimates 2014-2019).
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.


Election context

2018

See also: Wisconsin Attorney General election, 2018

General election

General election for Attorney General of Wisconsin

Josh Kaul defeated incumbent Brad Schimel and Terry Larson in the general election for Attorney General of Wisconsin on November 6, 2018.

Candidate
%
Votes
Image of Josh Kaul
Josh Kaul (D)
 
49.4
 
1,305,902
Image of Brad Schimel
Brad Schimel (R)
 
48.8
 
1,288,712
Silhouette Placeholder Image.png
Terry Larson (Constitution Party)
 
1.8
 
47,038
 Other/Write-in votes
 
0.0
 
1,199

Total votes: 2,642,851
(100.00% precincts reporting)
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Democratic primary election

Democratic primary for Attorney General of Wisconsin

Josh Kaul advanced from the Democratic primary for Attorney General of Wisconsin on August 14, 2018.

Candidate
%
Votes
Image of Josh Kaul
Josh Kaul
 
100.0
 
432,954

Total votes: 432,954
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Republican primary election

Republican primary for Attorney General of Wisconsin

Incumbent Brad Schimel advanced from the Republican primary for Attorney General of Wisconsin on August 14, 2018.

Candidate
%
Votes
Image of Brad Schimel
Brad Schimel
 
100.0
 
394,799

Total votes: 394,799
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Constitution primary election

Constitution primary for Attorney General of Wisconsin

Terry Larson advanced from the Constitution primary for Attorney General of Wisconsin on August 14, 2018.

Candidate
%
Votes
Silhouette Placeholder Image.png
Terry Larson
 
100.0
 
354

Total votes: 354
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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2014

See also: Wisconsin attorney general election, 2014

Republican Brad Schimel won election on November 4, 2014.

Attorney General of Wisconsin, 2014
Party Candidate Vote % Votes
     Republican Green check mark transparent.pngBrad Schimel 51.5% 1,211,388
     Democratic Susan Happ 45.4% 1,066,866
     Libertarian Thomas Nelson 3% 70,951
     Nonpartisan Scattering 0% 1,120
Total Votes 2,350,325
Election results via Wisconsin Government Accountability Board


2010

On November 2, 2010, J.B. Van Hollen won re-election to the office of Attorney General of Wisconsin. He defeated Scott Hassett (D) in the general election.

Attorney General of Wisconsin, 2010
Party Candidate Vote % Votes
     Republican Green check mark transparent.pngJ.B. Van Hollen Incumbent 57.8% 1,220,791
     Democratic Scott Hassett 42.1% 890,080
     - Scattering 0.1% 1,614
Total Votes 2,112,485
Election results via Wisconsin Government Accountability Board.

Full history


2022 battleground elections

See also: Battlegrounds

This election was a battleground race. Other 2022 battleground elections included:

See also

Wisconsin State Executive Elections News and Analysis
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Wisconsin State Executive Offices
Wisconsin State Legislature
Wisconsin Courts
202420232022202120202019201820172016
Wisconsin elections: 202420232022202120202019201820172016
Party control of state government
State government trifectas
State of the state addresses
Partisan composition of governors

External links

Footnotes

  1. Sabato's Crystal Ball "The Attorneys General: A Dozen Races Dot the Competitive Landscape," September 14, 2022
  2. 2.0 2.1 Josh Kaul 2022 campaign website, "On the Issues," accessed September 28, 2022
  3. Josh Kaul 2022 campaign website, "Meet Josh," accessed September 28, 2022
  4. Fond du Lac County, "Fond du Lac County 2012 Presidential and General Election," November 15, 2012
  5. Fond du Lac County, "All Contests Fond Du Lac County 2016 General Election," November 14, 2016
  6. Fond du Lac County, "All Contests Fond Du Lac County 2020 General Election," November 9, 2020
  7. 7.0 7.1 Eric Toney 2022 campaign website, "Why I Am Running," accessed September 28, 2022
  8. Milwaukee Journal Sentinel, "What you need to know about Josh Kaul, the Democratic attorney general running for another term in Wisconsin," September 13, 2022
  9. Milwaukee Journal Sentinel, "What to know about Eric Toney, the Republican candidate for Wisconsin attorney general," September 13, 2022
  10. WKOW, "Crime in Milwaukee becoming issue in race for Wisconsin attorney general," September 7, 2022
  11. As of September 28, 2022, Kaul's endorsements were included on the "On the Issues" page of his campaign website.
  12. OpenSecrets.org, "Outside Spending," accessed December 12, 2021
  13. OpenSecrets.org, "Total Outside Spending by Election Cycle, All Groups," accessed December 12, 2021
  14. National Review.com, "Why the Media Hate Super PACs," December 12, 2021
  15. Daily Kos, "Daily Kos Elections' presidential results by congressional district for 2020, 2016, and 2012," accessed September 9, 2022
  16. Progressive Party