By Emmanuel Bobby
The Wisconsin Elections Commission has referred complaints involving billionaire entrepreneur Elon Musk to local prosecutors after concluding there is probable cause to believe his promise of $1 million payments during the 2025 Wisconsin Supreme Court election may have violated the state’s election bribery law.
The bipartisan commission voted to send the matter to the Brown County District Attorney’s Office, which will now determine whether criminal charges should be filed. Under Wisconsin law, prosecutors have 40 days to review the referral and report their findings back to the commission.
The case stems from Musk’s high-profile involvement in one of the most expensive judicial elections in American history, where campaign spending exceeded $100 million.
Commission Finds Probable Cause
According to the Wisconsin Elections Commission, members voted 5-1 during a closed session to refer two confidential complaints for criminal review.
The six-member commission, made up of three Democratic and three Republican appointees, concluded there was probable cause to believe Musk’s public offer of $1 million payments to voters may have violated Wisconsin statutes prohibiting election bribery.
The complaints were filed by voters from Milwaukee and Green Bay, where Musk held a campaign rally just days before the statewide election.
Commission spokesperson Emilee Miklas confirmed the referral following the panel’s vote.
Brown County District Attorney David Lasee, a Republican, has not publicly commented on the referral.
Giveaway Became Centerpiece of Controversy
The investigation centers on social media posts and campaign events in which Musk announced that he would award $1 million checks during the election period.
According to the commission’s approved motion, investigators found probable cause that the offer was made “in order to induce” people to vote in the state Supreme Court election.
Three Wisconsin residents ultimately received $1 million checks from Musk during the campaign, including two individuals who accepted the payments at a campaign rally held in Green Bay shortly before Election Day.
In addition to the million-dollar giveaways, Musk’s political action committee, America PAC, offered $100 payments to individuals who signed a petition opposing what it described as “activist judges” or referred others to sign the petition.
Musk Invested Millions in Wisconsin Race
Musk became one of the largest financial supporters of the 2025 Wisconsin Supreme Court race.
Through personal contributions and organizations backing his preferred candidate, he and affiliated groups spent at least $20 million supporting Republican-backed candidate Brad Schimel.
Despite the significant financial investment, Schimel was defeated by Democratic-backed candidate Susan Crawford by approximately 10 percentage points.
Crawford’s victory preserved the liberal majority on Wisconsin’s highest court, which later expanded to a 5-2 majority following the election of another Democratic-backed justice, Chris Taylor.
The Wisconsin Supreme Court is expected to hear cases involving redistricting, election administration, abortion policy, and other major legal issues, making control of the court especially significant.
Musk Reduced Political Spending After Election
Following the outcome of the Wisconsin race, Musk announced that he planned to scale back his political spending.
The election became the most expensive judicial contest in U.S. history, drawing national attention because of the unprecedented level of outside spending from wealthy donors, political organizations, labor unions, and advocacy groups.
Analysts viewed the race as an important political test ahead of future national elections because Wisconsin remains one of the country’s most competitive battleground states.
Separate Civil Lawsuit Also Pending
The criminal referral is not the only legal challenge stemming from Musk’s campaign activities.
The Wisconsin Democracy Campaign, a government watchdog organization, has filed a separate civil lawsuit seeking to prohibit Musk from offering similar cash payments during future elections in Wisconsin.
The lawsuit alleges that Musk and organizations he financially supports violated state laws prohibiting election bribery and unauthorized lotteries.
It also claims the payment program constituted an unlawful conspiracy and created a public nuisance by undermining confidence in the state’s election process.
That civil case remains pending in Brown County.
Previous Court Challenge Failed
Before the payments were distributed, Wisconsin Attorney General Josh Kaul filed an emergency lawsuit seeking to prevent Musk from handing out the $1 million checks.
State courts declined to block the giveaway before the election, allowing the payments to proceed while legal questions remained unresolved.
The courts did not issue a final ruling on whether the program complied with Wisconsin election law, leaving those issues to subsequent legal proceedings.
Musk’s Attorneys Cite Free Speech Protections
Musk’s legal team has consistently defended the giveaway program, arguing that it was protected under both the Wisconsin Constitution and the First Amendment to the U.S. Constitution.
His attorneys have maintained that the payments were intended to encourage civic engagement and support opposition to what they described as activist judges rather than directly persuade voters to support or oppose a particular candidate.
According to court filings, the giveaways were designed to promote a broader political movement rather than serve as campaign contributions tied to specific votes.
Similar Strategy Used in 2024 Election
The Wisconsin controversy follows a similar initiative undertaken by America PAC during the 2024 presidential campaign.
At that time, the organization offered daily $1 million prizes to registered voters in Wisconsin and six other battleground states who signed a petition supporting the First and Second Amendments.
That program also faced legal challenges.
In Pennsylvania, prosecutors argued the promotion amounted to an illegal lottery. However, a judge ruled that prosecutors had not demonstrated sufficient grounds to halt the program, allowing it to continue through Election Day.
The latest referral by Wisconsin election officials now places Musk’s 2025 activities under criminal review, with local prosecutors expected to determine whether the evidence supports charges under the state’s election laws.
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