Musk Encounters Wisconsin State Law Issues with $1 Million Check Giveaway
Election law experts expressed skepticism regarding the billionaire's decision.
TroibNews 
Elon Musk will be visiting Wisconsin on Sunday ahead of the pivotal Supreme Court election in the state.
Musk first shared his plans in a post just after midnight on Friday, announcing a $1 million giveaway for two attendees who had voted. However, the post was soon deleted following legal concerns that it might violate state law. Musk provided clarification on Friday afternoon, stating that the giveaways would only be available to individuals who signed a petition from his super PAC, despite Wisconsin's attorney general announcing that his office would seek a court order to prevent the giveaway.
This visit signifies an increased level of involvement from Musk in Wisconsin, where Republican-backed Brad Schimel is competing against Democratic-backed Susan Crawford for control of the state’s Supreme Court. Reports indicate that Musk's political organization, America PAC, has invested over $12 million in the race, alongside Musk's personal contribution of $3 million to the Wisconsin Republican Party.
In a follow-up post on Friday afternoon, Musk confirmed that the event would take place on Sunday night and would be exclusively for those who had signed the petition circulated by America PAC. He reiterated his intention to distribute two $1 million checks at the event.
Previously, Musk had published and then deleted a message mentioning the event and the checks, which indicated that attendance would be restricted to individuals who voted in the Supreme Court election.
This plan may still be contested legally. Wisconsin Attorney General Josh Kaul, a Democrat, stated his office's intention to seek a court order to prevent Musk from executing the giveaway.
Legal experts have expressed concern that offering the giveaway exclusively to those who have already voted may breach Wisconsin’s election bribery law, which prohibits offering “anything of value” to influence voters’ decisions in an election. Early voting in Wisconsin is currently ongoing and will continue through Sunday.
Brendan Fischer, a campaign finance attorney and deputy executive director of the watchdog group Documented, remarked on Musk’s earlier post, “I'm actually surprised that Musk is being so explicit about tying eligibility for this million dollar payout to having voted in the election. His tweet makes it very clear that you can only enter this event, and you can only be eligible for the million dollar payout, if you voted, and it's hard to read that as anything other than providing a thing of value to induce a person to vote or to reward them for having voted.”
Using giveaways as a political strategy is not unfamiliar to Musk. Ahead of the 2024 election, America PAC had made individuals who signed a petition supporting the First Amendment eligible for a $1 million giveaway. This initiative faced legal scrutiny, but courts sided with Musk.
The organization has implemented a similar approach in Wisconsin, offering voters $100 to sign a petition “In Opposition To Activist Judges,” and it announced on Wednesday the distribution of a $1 million check to a Green Bay resident who participated.
“I'll have to say, Elon, thank you,” said recipient Scott Ainsworth in a video shared by America PAC, during which he encouraged MAGA voters to head to the polls in support of Schimel.
Musk is rapidly establishing himself as a significant figure in Republican politics. He founded America PAC in the spring of 2024, contributing hundreds of millions of dollars of his own funds to support canvassing initiatives for Donald Trump's election campaign. He has committed to keeping the group active in the coming years, with the Wisconsin Supreme Court race being its first major investment since Trump's victory.
The Wisconsin election is already recognized as the most expensive judicial race in U.S. history, surpassing the last Wisconsin Supreme Court contest from 2023, in which the Democratic-aligned candidate emerged victorious. Liberals currently hold the majority on the state’s highest court, which makes crucial decisions on issues such as abortion rights and legislative mapping.
Democrats have also made substantial financial commitments in Wisconsin’s election, with Illinois Governor JB Pritzker contributing $1.5 million to support Crawford and long-time donor George Soros contributing another $2 million.
However, no single individual has contributed as much as Musk. Wisconsin Democrats are attempting to frame the race as a referendum on Musk and his substantial political sway, with a plane flying over Milwaukee on Thursday displaying a banner that read, "Go Home Elon. Vote Susan."
Ramin Sohrabi for TROIB News
Musk first shared his plans in a post just after midnight on Friday, announcing a $1 million giveaway for two attendees who had voted. However, the post was soon deleted following legal concerns that it might violate state law. Musk provided clarification on Friday afternoon, stating that the giveaways would only be available to individuals who signed a petition from his super PAC, despite Wisconsin's attorney general announcing that his office would seek a court order to prevent the giveaway.
This visit signifies an increased level of involvement from Musk in Wisconsin, where Republican-backed Brad Schimel is competing against Democratic-backed Susan Crawford for control of the state’s Supreme Court. Reports indicate that Musk's political organization, America PAC, has invested over $12 million in the race, alongside Musk's personal contribution of $3 million to the Wisconsin Republican Party.
In a follow-up post on Friday afternoon, Musk confirmed that the event would take place on Sunday night and would be exclusively for those who had signed the petition circulated by America PAC. He reiterated his intention to distribute two $1 million checks at the event.
Previously, Musk had published and then deleted a message mentioning the event and the checks, which indicated that attendance would be restricted to individuals who voted in the Supreme Court election.
This plan may still be contested legally. Wisconsin Attorney General Josh Kaul, a Democrat, stated his office's intention to seek a court order to prevent Musk from executing the giveaway.
Legal experts have expressed concern that offering the giveaway exclusively to those who have already voted may breach Wisconsin’s election bribery law, which prohibits offering “anything of value” to influence voters’ decisions in an election. Early voting in Wisconsin is currently ongoing and will continue through Sunday.
Brendan Fischer, a campaign finance attorney and deputy executive director of the watchdog group Documented, remarked on Musk’s earlier post, “I'm actually surprised that Musk is being so explicit about tying eligibility for this million dollar payout to having voted in the election. His tweet makes it very clear that you can only enter this event, and you can only be eligible for the million dollar payout, if you voted, and it's hard to read that as anything other than providing a thing of value to induce a person to vote or to reward them for having voted.”
Using giveaways as a political strategy is not unfamiliar to Musk. Ahead of the 2024 election, America PAC had made individuals who signed a petition supporting the First Amendment eligible for a $1 million giveaway. This initiative faced legal scrutiny, but courts sided with Musk.
The organization has implemented a similar approach in Wisconsin, offering voters $100 to sign a petition “In Opposition To Activist Judges,” and it announced on Wednesday the distribution of a $1 million check to a Green Bay resident who participated.
“I'll have to say, Elon, thank you,” said recipient Scott Ainsworth in a video shared by America PAC, during which he encouraged MAGA voters to head to the polls in support of Schimel.
Musk is rapidly establishing himself as a significant figure in Republican politics. He founded America PAC in the spring of 2024, contributing hundreds of millions of dollars of his own funds to support canvassing initiatives for Donald Trump's election campaign. He has committed to keeping the group active in the coming years, with the Wisconsin Supreme Court race being its first major investment since Trump's victory.
The Wisconsin election is already recognized as the most expensive judicial race in U.S. history, surpassing the last Wisconsin Supreme Court contest from 2023, in which the Democratic-aligned candidate emerged victorious. Liberals currently hold the majority on the state’s highest court, which makes crucial decisions on issues such as abortion rights and legislative mapping.
Democrats have also made substantial financial commitments in Wisconsin’s election, with Illinois Governor JB Pritzker contributing $1.5 million to support Crawford and long-time donor George Soros contributing another $2 million.
However, no single individual has contributed as much as Musk. Wisconsin Democrats are attempting to frame the race as a referendum on Musk and his substantial political sway, with a plane flying over Milwaukee on Thursday displaying a banner that read, "Go Home Elon. Vote Susan."
Ramin Sohrabi for TROIB News
