The Wisconsin Elections Commission has voted to refer complaints against entrepreneur Elon Musk to prosecutors, finding probable cause that he violated the state's election bribery law. The decision stems from Musk's involvement in the 2025 Wisconsin Supreme Court election, during which his affiliated America PAC offered $1 million checks to individuals connected to a petition effort opposing "activist judges," alongside $100 payments to registered voters who signed or referred others to sign the petition.
"Musk’s attorneys have argued that the payments were part of a political advocacy effort and were not intended to influence how voters cast their ballots." — Source Content, Describing Arguments by Musk's Attorneys
On July 14, 2026, the bipartisan commission, composed of three Democratic and three Republican members, voted 5-1 to send two confidential complaints to Brown County District Attorney David Lasee's office for review. The complaints allege that Musk's actions constituted offering something of value to induce someone to vote, a violation of state law. District Attorney Lasee now has 40 days to inform the commission whether his office will pursue charges.
The controversy centers on Musk's substantial financial involvement in the high-profile Wisconsin Supreme Court race. Musk and groups linked to him spent over $20 million supporting Republican-backed candidate Brad Schimel, who ultimately lost to Democratic-backed candidate Susan Crawford. The election became the most expensive judicial contest in U.S. history, with combined spending from all sides exceeding $100 million.
Prior to the election, Musk publicly announced the giveaways through posts on X, indicating his intention to distribute checks to those involved in the petition campaign. He subsequently awarded two $1 million checks at a rally held in Brown County shortly before voters cast their ballots. These payments were made through America PAC, which also offered $100 incentives.
Musk's attorneys have consistently argued that the payments were part of a legitimate political advocacy effort, not an attempt to influence how individual voters cast their ballots. Legal filings from his defense team assert that blocking these payments would infringe upon Musk's First Amendment rights, specifically by restricting protected political speech and association. They maintain that the goal was to promote political participation and engagement.
This is not the first instance where Musk's voter incentive programs have drawn legal scrutiny. Similar $1 million giveaways associated with the 2024 presidential race also triggered legal challenges in other states. For example, Philadelphia District Attorney Larry Krasner filed a lawsuit in Pennsylvania, alleging that these payments violated state election and lottery laws. However, a judge in that case allowed the payments to proceed.
In Wisconsin, Attorney General Josh Kaul, a Democrat, had previously attempted to halt the payments through legal action, arguing they contravened state election laws. State courts, however, declined to block the giveaways before the election took place.
Beyond the current referral, Musk, America PAC, and related organizations are also facing a separate, pending lawsuit filed by the Wisconsin Democracy Campaign and two voters. That lawsuit similarly alleges violations of Wisconsin's election bribery laws and claims the payments constituted an unauthorized lottery. The plaintiffs in this case seek to prevent similar cash giveaways in future elections.
The Wisconsin Elections Commission's decision to refer the complaints highlights ongoing legal and ethical debates surrounding the boundaries of political spending and voter engagement. Officials continue to examine whether such incentive programs cross the line from protected political advocacy into prohibited election activity that could potentially sway electoral outcomes. Representatives for Musk did not issue an immediate comment following the commission's decision.
