MADISON, Wisconsin — Wisconsin’s Democratic attorney general sued Elon Musk on Friday, asking the court to stop the billionaire from promoting a $1 million giveaway to two residents who had already cast their ballots in the state’s Supreme Court race.
“The Wisconsin Department of Justice is committed to ensuring that elections in Wisconsin are safe, secure, free, and fair. We are aware of the offer recently posted by Elon Musk to award a million dollars to two people at an event in Wisconsin this weekend,” Attorney General Josh Kaul posted on X, Musk’s social media platform.
Wisconsin law prohibits offering anything of value to an elector in order to sway their voting behavior, Kaul said in the Dane County Circuit Court lawsuit.
WISCONSIN SUPREME COURT ELECTION TURNS INTO TRUMP-MUSK REFERENDUM
Musk initially said in an early-morning post on X that he planned to “personally hand over” $2 million to a pair of voters when he visited the battleground state on Sunday.
Musk later posted a clarification, saying the checks would go to people who would be “spokesmen” for his political action committee, America PAC. After first saying the event would only be open to people who had voted in the Supreme Court race, he said attendance would be limited to those who have signed the petition America PAC has circulated against “activist judges.”
Over the past few days, America PAC has set up tables outside events for conservative candidate Brad Schimel.
Musk has spent about $20 million backing Schimel, making him the single largest spender in a race. America PAC has spent more than $6.6 million on the election.
Kaul’s case was initially assigned to Judge Susan Crawford, Schimel’s liberal opponent in the high-stakes Supreme Court election. A Crawford spokesperson said the Dane County judge would recuse herself from the case.
Musk’s initial offer was met Friday with strong pushback from Wisconsin Democrats, who immediately accused him of breaking the law.
“Elon Musk has committed a blatant felony by offering money for votes in order to help Brad Schimel,” Democratic Party of Wisconsin Chairman Ben Wikler said. “Musk’s illegal election bribery scheme to put Brad Schimel on the Supreme Court is a chainsaw attack on democracy and the rule of law in Wisconsin and our nation.”
Wikler added that if “Elon Musk sets foot in Wisconsin, he should be placed in handcuffs and held accountable — just like any other criminal. Musk can have his day in court, but he cannot buy the court.”
Musk has emerged as a central figure in the high-profile race. A win for Schimel on Tuesday would flip the court’s 4-3 liberal majority.
The outcome of the race could have a major impact on the 2026 midterm elections and the presidential race two years later.
President Donald Trump deployed Musk to help deliver a win in the Badger State. Much is riding on Musk’s success. A win for Schimel would cement Musk as a conservative kingmaker, and his efforts in Wisconsin could become the blueprint for the midterm elections. If Schimel loses, it would give Republicans license to distance themselves from Musk and some of his more controversial actions.
Republicans in Wisconsin have largely focused on Trump and his agenda, while Democrats have tried to turn the race into a referendum on Musk.
During two campaign stops Thursday night, Schimel leaned into Musk’s involvement in the race. Schimel told his supporters at the Tuscan Hall Venue & Catering in Waukesha and at the Steel Tank Brewing Co. in Oconomowoc that after he received a telephone call from Trump about entering the race, the phone was handed over to Musk and then White House press secretary Karoline Leavitt.
Former Wisconsin Republican Gov. Scott Walker, who was directly involved in convincing Trump and Musk to focus their attention on the state court race, told the Washington Examiner he would advise Musk’s lawyers “to look very closely” and make sure they follow state law.