MITCHELL SCHMIDT
Democratic Attorney General Josh Kaul and the state Department of Justice plan to take legal action to halt billionaire Elon Musk's pledge to deliver $1 million each to two Wisconsin residents in the final days leading up to the high-stakes April 1 election that will determine ideological control of the state Supreme Court.
Musk, a close aide to President Donald Trump who has showered millions of dollars on the race to support Republican-backed candidate Brad Schimel, said in a post on the social media platform X he will visit Wisconsin on Sunday to deliver the $1 million checks.
Kaul said on Friday he'll be seeking a court order to stop the payments.
"Based on our understanding of applicable Wisconsin law, we intend to take legal action today to seek a court order to stop this from happening," Kaul said in a statement.
Musk has offered $100 to anyone who signs his "Petition In Opposition To Activist Judges" and on Thursday he said a Green Bay man who signed the document had been awarded $1 million.
Late Thursday evening, Musk said in the now-deleted post he will deliver the checks "in appreciation for you taking the time to vote." Entry to the event was to be limited to "those who have voted in the Supreme Court election."
But as questions swirled regarding the legality of such a pledge, Musk deleted the post about 12 hours after posting it. In a subsequent post shortly after noon Friday, Musk said he will "hand over checks for a million dollars to 2 people to be spokesmen for the petition." He did not say where or when the event will take place, or how the two individuals will be selected.
He also amended his previous statement, noting that entry to the event will be limited to those who have signed his petition, rather than individuals who have already voted.
Schimel, a Waukesha County Circuit Court judge, faces Democratic-backed Dane County Circuit Court Judge Susan Crawford in a race that's shattered previous spending records for state judicial elections.
Musk has spent more than $20 million on the race so far through two political action committees and direct donations to the Republican Party of Wisconsin.
Musk has spent more than $20 million on the race so far through two political action committees and direct donations to the Republican Party of Wisconsin.
One of Musk's political action committees deployed a similar effort last year leading up to Trump's victory over then-Vice President Kamala Harris, offering $1 million a day to voters who signed a petition supporting the First and Second Amendment in several battleground states, including Wisconsin.
Philadelphia's district attorney sued to halt Musk's efforts in Pennsylvania in the 2024 presidential election, but a judge ultimately ruled prosecutors failed to show the attempt was an illegal lottery and it was allowed to continue through Nov. 4, according to the Associated Press.
Wisconsin election bribery laws ban individuals from offering "anything of value” to any elector in an attempt to “induce” them to vote or refrain from voting.
University of California election law professor Rick Hasen wrote in a Friday blog post that, while he hasn't researched Wisconsin caselaw surrounding election bribery, Musk's efforts "appear to violate the plain meaning of the statute."
"He’s offering a chance to win a million dollars, (which) is a thing of value, and it’s only offered to people who have voted," Hasan continued. "One might say he’s not inducing people, but instead rewarding them. I don’t think this helps, because the statute likely covers rewarding as well — think of people who decide to vote in order to attend the talk for the lottery chance to win a million dollars."
Officials with Crawford's campaign have called the payments a corrupt attempt to influence voters. Musk's involvement in the race began shortly after his Tesla electric car company sued Wisconsin for blocking it from opening dealerships in the state.
Crawford spokesperson Derrick Honeyman said Musk's efforts are "just a last-minute desperate distraction" and an attempt to influence the race in hopes of securing a favorable ruling in the lawsuit.
"Wisconsinites don’t want a billionaire like Musk telling them who to vote for, and on Tuesday, voters should reject Musk’s lackey Brad Schimel," Honeyman continued.
State Democrats also blasted Musk's pledge. Ben Wikler, chair of the Democratic Party of Wisconsin, said in a statement "merely the offer of something of value — in this case, the chance to receive one million dollars — is plainly illegal."
“Let’s be very clear: Elon Musk committed a crime the moment he offered million-dollar checks ‘in appreciation for’ voting, and deleting evidence of that crime changes nothing," Wikler continued.
"Wisconsinites will not be bought," Democratic Gov. Tony Evers said in a social media post. "Our votes are not for sale."
Schimel's campaign did not respond Friday to request for comment on the payments or whether the former attorney general plans to attend the event.
The state's highest court currently holds a 4-3 liberal majority. Seats on the seven-member court are technically nonpartisan, but political interests are spending millions on the race, the state’s two major parties have chosen sides and both candidates have painted their opponent as beholden to their partisan donors.
Total spending on the race topped $81 million as of Tuesday, according to the Brennan Center for Justice. That includes about $22 million spent by Crawford and more than $10 million spent by Schimel. The remaining more than $49 million flowing into the race has come from the state's two major political parties, megadonors and outside groups.
In addition to Musk, Schimel has received support from GOP megadonors like Diane Hendricks, the owner of ABC Supply in Beloit, and Liz Uihlein, president of shipping company Uline. Crawford, meanwhile, has benefited from liberal philanthropist George Soros, Illinois Gov. J.B. Pritzker and others.
The April 1 contest comes just two years after the last judicial election, another battle for ideological control of the court that set records at the time with more than $51 million spent by candidates and special-interest groups leading up to Janet Protasiewicz's 2023 victory over former Justice Dan Kelly.
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