Dane County Executive Joe Parisi signed off on a new ordinance that prohibits the county from contracting with agencies — at the federal, state or municipal level —that are involved in the investigations, arrests or prosecution for actions taken in conflict with Wisconsin’s 1849 criminal abortion ban.
The 1849 ban criminalizes abortion, making it a felony for a doctor to perform an abortion on a woman regardless of the circumstances of her pregnancy — including rape or incest — unless the pregnancy threatens the life of the mother.
The Dane County Board of Supervisors believes abortion care is a basic human right and access to such care is essential for equality and reproductive autonomy.
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Dane County receives funding through the Wisconsin Department of Justice for some programs and substantial amounts from the Wisconsin Department of Health Services, Dane County Chief Financial Officer and Controller Charles Hicklin said in an email statement to the Badger Herald.
If these agencies are subject to the ban, the ordinance might prohibit the county from contracting with those agencies and receiving funding, Hicklin said.
“Under the current democratic administration of the state and the Department of Justice, this is not an issue. That could change under a Republican governor or attorney general’s leadership,” Hicklin said.
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GOP attorney general candidate Eric Toney said he would enforce the 1849 abortion law.
GOP gubernatorial candidate Tim Michels told WISN “UpFront” that the 1849 law reflected his position in June 2022. But, Michels recently flipped his stance, telling conservative talk show host Dan O’Donnell that he would sign the legislation, if brought to his desk, that would create an exception to the state’s abortion ban for people who become pregnant as a result of rape or incest.
The long-term financial impact is uncertain and is dependent on whether the government begins prosecuting violations of Wis. Stat. § 940.04. If this happens, there could be a notable impact on county funding, the Dane County Policy and Fiscal Note on the new ordinance states.
“I support the aim of this resolution and signed it,” Parisi said “I am, however, concerned it was written in a way that could unintentionally do serious financial damage to Dane County if Wisconsin elects a Republican attorney general or governor. The remedy to this is the Board introducing a follow-up amendment that cleans up the unintended impacts of the action.”
