Wisconsin's attorney general asks the state Supreme Court to stop Elon Musk's $US1 million payments

2025-03-31 04:32:00

Abstract: WI's AG seeks to block Musk from giving $1M to voters at a Trump rally, arguing it violates election law. Musk claims free speech. Court control at stake.

Wisconsin's Attorney General has petitioned the state's liberal-controlled Supreme Court to block billionaire Elon Musk from awarding $1 million checks to two voters. This request came hours before allies of former U.S. President Donald Trump planned to conduct the giveaway at an evening rally. Democratic Attorney General Josh Kaul, arguing that Musk's actions violate state law, had previously filed legal challenges in two lower courts, both of which were dismissed.

Kaul argued in his filing that "Wisconsin law prohibits offering anything of value to induce anyone to vote. Yet, that is precisely what Elon Musk is doing." Musk's lawyers, in their filing to the court, contended that Musk is exercising his right to free speech, and any restrictions would violate both the Wisconsin and U.S. Constitutions. They emphasized the importance of protecting free expression in the electoral process.

Musk's lawyers stated in court documents that the payments are "intended to launch a grassroots campaign against radical judges, not to expressly support or oppose any candidate." The Wisconsin Supreme Court election, where ideological control is at stake, is scheduled for Tuesday. The liberal faction currently holds a narrow 4-3 majority, making this election particularly significant.

Approximately four hours before the rally was set to begin, Musk's lawyers requested that two liberal justices, Jill Karofsky and Rebecca Dallet, who had campaigned for candidate Susan Crawford, recuse themselves from the case. Musk's lawyers argued that their work for Crawford created an "appearance of impropriety." Should they recuse themselves, the court would be composed of a 3-2 conservative majority, potentially shifting the balance of power.

One of the conservative justices has already endorsed Waukesha County Judge Brad Schimel, who also has the backing of Trump and Musk. Schimel was seen wearing a "Make America Great Again" hat while campaigning on Sunday. Musk has pledged to award two $1 million checks to voters at the Green Bay rally who sign an online petition opposing "radical" judges. Musk and groups supporting him have already spent over $20 million to help elect Schimel.

Schimel stated in a national television interview that he does not control "any outside group’s any spending, whether it’s Elon Musk or anybody else," and that all Trump asked of him was whether he would "reject radical judges" and follow the law. Schimel told Fox News that he made the same commitment to Trump, Musk, or any donor, supporter, or Wisconsin voter. Schimel has not yet indicated whether he will attend the rally, maintaining a degree of separation from the event.

Crawford's campaign has declined to comment on Kaul's legal filing. The race has shattered national spending records for judicial elections, with expenditures exceeding $81 million. Musk's political action committee used a nearly identical tactic before last year's presidential election, offering to pay voters in Wisconsin and six other swing states $1 million per day if they signed a petition supporting the First and Second Amendments, highlighting the consistency of his approach.

A judge in Pennsylvania stated that prosecutors failed to prove the effort was an illegal lottery and allowed it to continue until election day. Musk posted on social media platform X that he planned to "personally pay" $2 million to two voters who had already voted. Musk later clarified in a post that the money would be paid to those who would become "spokespeople" for an online petition against "radical" judges, clarifying the intent behind the payment.

Also on Friday, Musk's political action committee confirmed the recipient of its first $1 million grant – a Green Bay man who has donated to the Wisconsin Republican Party and conservative candidates in court elections, and has a history of supporting Trump and his agenda. This judicial election comes as the Wisconsin Supreme Court is expected to rule on abortion rights, congressional redistricting, union powers, and voting rules that could affect the 2026 midterm elections and the 2028 presidential election, underscoring the high stakes involved.