The Wisconsin Elections Commission has found probable cause that billionaire Elon Musk violated the state's election bribery law by offering $1 million checks to voters during the 2025 Wisconsin Supreme Court election. The bipartisan panel, composed of three Democrats and three Republicans, voted 5-1 in a closed session last Thursday to refer two confidential complaints to the Brown County district attorney's office for possible criminal prosecution.
Details of the Alleged Violation
According to a motion approved by the commission, Musk likely broke the law "by making a social media post that offered one million dollars to individuals who voted in the 2025 Wisconsin Supreme Court Election in order to induce them to vote in that election." The complaints were brought by voters in Milwaukee and Green Bay. Under state law, prosecutors have 40 days to notify the commission of their decision on whether to file charges. Brown County District Attorney David Lasee, a Republican, has not yet publicly commented.
Musk's Spending and the Election Outcome
Musk, the CEO of Tesla and founder of SpaceX, spent heavily in an effort to flip control of the Supreme Court in the battleground state. He backed conservative candidate Brad Schimel, a former Wisconsin Attorney General. Musk and organizations he funded spent more than $20 million on the race. However, Schimel ultimately lost by 10 percentage points to liberal candidate Susan Crawford, preserving a liberal majority on the high court. Total spending on the race topped $100 million, making it the most expensive judicial election in U.S. history.
The $1 Million Giveaway and Social Media Posts
Under scrutiny are Musk's $1 million voter giveaways. In late March, Musk posted on X: "On Sunday night, I will give a talk in Wisconsin. Entrance is limited to those who have voted in the Supreme Court election. I will also personally hand over two checks for a million dollars each in appreciation for you taking the time to vote. This is super important." The post has since been deleted. Soon after, Musk clarified in another post that "entrance is limited to those who have signed the petition in opposition to activist judges. I will also hand over checks for a million dollars to 2 people to be spokesmen for the petition."
Distribution of the Checks
Musk personally handed out two of the $1 million checks at a rally in Brown County on March 30, 2025, shortly before the April 1 election. Days prior, Musk's America PAC awarded another million-dollar check to a Wisconsin voter who signed its petition opposing "activist judges." The PAC also offered registered voters $100 if they signed the petition or referred someone to sign it.
Legal Challenges and Lawsuits
The referral is not the only effort to rein in Musk's political spending. Wisconsin Attorney General Josh Kaul, a Democrat, filed a lawsuit on March 28, 2025, seeking to stop Musk from distributing the checks. Musk's attorneys argued that an injunction would "restrain Musk's political speech and curtail his First Amendment rights," maintaining that the giveaways were intended to "generate a grassroots movement in opposition to activist judges, not to expressly advocate for or against any candidate." State courts ultimately declined to block the giveaways.
Pending Civil Lawsuit
Additionally, a pending civil lawsuit filed last June by the government watchdog group Wisconsin Democracy Campaign seeks to permanently bar Musk from offering similar cash payments to Wisconsin voters in future elections. That lawsuit, currently pending in Brown County, alleges that the giveaways violated state laws on election bribery and unauthorized lotteries.
Similar Tactics in 2024 Presidential Election
Musk's America PAC utilized a nearly identical tactic in the lead-up to the 2024 presidential election, awarding $1 million daily to swing-state voters who signed a petition supporting the First and Second Amendments. While a Pennsylvania judge allowed that giveaway to proceed through Election Day, Wisconsin's prosecutors must now decide if the 2025 high court cash rewards crossed the line into unlawful criminal inducement.
