The Wisconsin Elections Commission found probable cause that billionaire Elon Musk violated state election bribery law by offering $1 million payments to voters during the 2025 Wisconsin Supreme Court election, according to reports on Tuesday.
The commission voted 5-1 in a closed session last Thursday to refer two confidential complaints against Musk to the Brown County District Attorney’s Office. Voters from Milwaukee and Green Bay filed the complaints. Brown County prosecutors may bring criminal charges and must report back to the commission within 40 days. Prosecutors will decide whether to bring criminal charges.
The commission based its probable cause finding on Musk’s offer of $1 million to people who voted in the Supreme Court election “in order to induce them to vote in that election.”
Wisconsin’s election bribery statute prohibits, among other things, offering or promising money or another thing of value to induce an elector to go to the polls, cast a ballot, or vote for or against a candidate or referendum.
In a now deleted post on X, Musk limited attendance at an upcoming Wisconsin event to people who had voted in the Supreme Court election. He also said he would personally give two attendees $1 million each “in appreciation for you taking the time to vote.” Musk later revised the announcement, limiting attendance to people who had signed America PAC’s petition opposing “activist judges” and describing the recipients as spokespeople for the petition.
Three Wisconsin voters ultimately received $1 million checks, including two who received them during a March 2025 rally in Green Bay. America PAC, Musk’s political action committee, also offered Wisconsin voters $100 to sign the petition or refer another voter who signed it
Wisconsin Attorney General Josh Kaul previously sued to stop Musk and America PAC from distributing the checks before the election, but state courts declined to block the payments. Musk’s attorneys argued that the payments promoted a political movement against “activist judges” and constituted protected speech rather than express advocacy for or against a candidate.
Musk and organizations he supported spent at least $20 million backing Brad Schimel, the candidate supported by Republicans. Democratic-backed candidate Susan Crawford defeated Schimel by approximately 10 percentage points, preserving the court’s liberal majority. Spending on the race exceeded $100 million, making it the most expensive judicial election in US history.
Separately, the Wisconsin Democracy Campaign and two Wisconsin voters filed a civil lawsuit against Musk, America PAC, and United States of America Inc. over the same payment program. The plaintiffs allege violations of Wisconsin’s election bribery and unauthorized lottery laws, as well as civil conspiracy and public nuisance. They seek to prevent the defendants from offering similar payments in future Wisconsin elections. The case remains pending in Brown County.
