A six‑member bipartisan Wisconsin Elections Commission voted 5‑1 to refer two voter complaints to the Brown County district attorney, finding probable cause that billionaire Elon Musk broke state law by distributing $1 million in cheques to voters ahead of the 2025 Supreme Court election. The referral sharpens scrutiny of cash giveaways in what has become the most expensive judicial race in U.S. history.

Background and Financial Stakes

The 2025 contest pitted Republican‑backed candidate Brad Schimel against Democrat Susan Crawford. Musk and affiliated groups poured at least $20 million into Schimel’s campaign, while total spending topped $100 million. Crawford’s victory kept the court under liberal control, later expanding the Democratic majority to 5‑2 after a subsequent election.

Legal Findings and Potential Charges

Complaints filed by voters in Milwaukee and Green Bay alleged that Musk handed out the cheques at a rally in Green Bay just days before the election. The commission’s spokesperson, Emilee Miklas, said the panel determined Musk’s social‑media post offering $1 million “in order to induce” voters to cast a ballot constituted probable cause of election bribery under Wisconsin law. If the district attorney decides to prosecute, Musk could face felony charges and substantial fines.

Precedent Cases and First‑Amendment Arguments

Musk’s political‑action committee, America PAC, previously used a similar model before the 2024 presidential election, offering $1 million a day to voters in six battleground states who signed a petition supporting the First and Second Amendments. A Pennsylvania judge allowed that scheme to continue through Election Day, finding insufficient evidence of an illegal lottery. In 2025, Musk’s lawyers argued the cheques were protected speech aimed at building a grassroots movement against “activist judges,” not direct campaign support.

Implications for Future Campaign Finance

Wisconsin’s Democratic attorney general had already sought to block the cheques, but state courts rejected the request, citing constitutional protections. The current investigation, however, could set a precedent for stricter enforcement of state bans on vote‑buying and unauthorized lotteries. A conviction would not only limit Musk’s political spending in Wisconsin but could also trigger nationwide reforms targeting cash incentives in judicial and other elections.