In 2022, the race for Wisconsin attorney general will be one of a handful of statewide contests that will be on the ballot for the fall election. The attorney general is the head of the state Department of Justice (DOJ) and the chief legal officer for the state, and provides legal advice and representation for all state government agencies.
The incumbent, Democrat Josh Kaul, was first elected in 2018, narrowly defeating former Attorney General Brad Schimel, a Republican. Kaul announced his bid for reelection on July 12 in Madison.
On the Republican side, two candidates have entered the race and will compete for the GOP nomination in the August 2022 primary election: Ryan Owens, a constitutional lawyer and professor as well as the former head of the Tommy G. Thompson Center on Public Leadership at UW-Madison; and current Fond du Lac County District Attorney Eric Toney. One of these two candidates will earn the right to take on Kaul in the November 2022 election.
With five statewide elections on the ballot next year, including governor and U.S. Senate, the race for attorney general will likely receive far less attention than it deserves for such an important office. The office of attorney general has enormous power, one that can have a significant impact on property rights and the real estate industry.
With 14 months to go before November 2022, here’s a brief overview of the candidates and what to watch for as this race unfolds.
Targeted race: In the 2018 election, Kaul defeated Schimel by only 22,673 total votes, about 1% of the vote. Of the three marquee statewide races in 2018 — U.S. Senate, governor and attorney general — the race for attorney general was the closest. Republicans believe Kaul is vulnerable in 2022 with President Joe Biden in the White House. The party of the president typically loses seats in midterm elections, and Kaul narrowly won in 2018 with the political wind at his back during former President Donald Trump’s one and only midterm election. If history is any guide, the 2022 midterm dynamic will be reversed and work against Democrats next year, making Kaul’s reelection bid more complicated.
Professor vs. prosecutor: Owens is a first-time candidate, constitutional lawyer and professor with no prosecutorial experience. Toney is a third-term district attorney with lots of prosecutorial experience. Toney is making his background as a prosecutor the focal point of his primary campaign; Owens is stressing his background as a constitutional attorney and focusing on his support for defending constitutional rights in his campaign. The two candidates are highlighting their backgrounds and biographies to drive their messages to GOP primary voters.
For example, when Owens entered the race in April, Toney issued a statement saying, “I welcome Professor Owens to the race, and I look forward to letting the voters hear about our records – his in the classroom and mine in the courtroom.” Owens responded, “It’s probably noteworthy that Kaul at one point had prosecuted cases and look where that’s gotten us in the state.”
Kaul’s record: As the incumbent, Kaul’s record over the last four years will be the focal point of next year’s campaign. From press releases, news stories and social media postings, these are the issues that Kaul’s opponents will highlight:
- Failure to work cooperatively with the GOP legislature to pass legislation important to the DOJ.
- Lack of support for law enforcement.
- Response to the racial unrest and violence in Kenosha in 2020.
- Executive overreach during the COVID-19 pandemic lockdowns.
As the incumbent, Kaul will run on his record, highlighting his priorities in consumer protection, the environment and voting rights. And his early name recognition is a strength. But Kaul faces the difficulty in running for reelection as a Democrat in a midterm election cycle that will likely be a better political environment for Republicans in 2022.
Watch for more information on this race in the months ahead.
Joe Murray is Director of Political and Governmental Affairs for the WRA.