Topline
Wisconsin’s attorney general is attempting to stop billionaire Elon Musk from giving two Wisconsin voters $1 million each at a rally Sunday night, as state AG Josh Kaul asked the Wisconsin Supreme Court Sunday to step in and block the impending giveaway for violating state law.
White House Senior Advisor Elon Musk walks to the White House after landing in Marine One on the … More
Getty ImagesKey Facts
Musk and the America PAC he leads will hold a rally Sunday on behalf of Wisconsin Supreme Court candidate Brad Schimel, a Republican, at which Musk will give away $1 million each to two Wisconsin voters who have signed an America PAC petition against purportedly partisan judges.
The giveaways have drawn legal scrutiny for potentially violating state election laws that bar anyone from giving voters “anything of value” in order to persuade them to vote, and Kaul sued Musk and America PAC in an attempt to block the giveaways.
Musk initially wrote on X that the payments were being given away to people who had already voted “in appreciation for you taking the time to vote”—which legal experts suggested would be a violation of the state law—before deleting that tweet and replacing it with a new post saying the cash prizes would be given to people who have signed the PAC’s petition as payment “to be spokesmen for the petition.”
Two lower state courts declined to side with Kaul and block the giveaways ahead of Sunday’s rally, prompting the attorney general to ask the Wisconsin Supreme Court Sunday to stop Musk from awarding the $1 million prizes.
Kaul asked the state’s high court to immediately halt the giveaways before Musk’s rally starts at 6:30 p.m. CDT, keeping the payments on hold while justices weigh a more lasting ruling on whether Musk’s scheme is legal.
Musk’s lawyers argued in a filing Sunday that Kaul’s lawsuit is “aimed at restraining Mr. Musk’s political speech and curtailing his First Amendment rights,” as quoted by the Milwaukee Journal-Sentinel, also asking for liberal justices on the court who have campaigned for Schimel’s opponent Susan Crawford to recuse from the case.
Crucial Quote
“Even if Musk had not made” his first post suggesting the cash prizes were a reward for voting, “a reasonable inference could be drawn that the offer of two $1 million payments just two days before the 2025 spring election was intended not simply to encourage people to sign a petition but to induce electors to vote,” Kaul wrote in his petition to the state Supreme Court. “But in conjunction with the first post—in which Musk specifically asserted that the payments were ‘in appreciation for you taking the time to vote’—there can be no serious question that the payments are intended to induce electors to vote.”
Chief Critic
Musk’s lawyers claimed in a filing Sunday that the billionaire’s initial post more clearly tying the $1 million payments to voting was negated by his second post, which “clarified [the first post] with precise language on the speaker’s intent.” “In this lawsuit and now this motion to the State Supreme Court, the State seeks the most extraordinary of all remedies: a prior restraint on core political speech,” the billionaire’s attorneys alleged, as quoted by The New York Times.
What To Watch For
The Wisconsin Supreme Court election will take place Tuesday, though early voting has already begun. Polls suggest Schimel and Crawford, who’s been endorsed by Democratic groups, are running neck-and-neck, with multiple recent polls showing a tied race or Crawford narrowly leading. It remains unclear if Musk’s last-minute campaigning and financial support for Schimel will ultimately give the Republican candidate an edge, however.
Why Does The Wisconsin Supreme Court Race Matter?
The Supreme Court race in Wisconsin is the first major election to take place since President Donald Trump’s inauguration, and is taking place in a key battleground state that Trump won. That means it’s being viewed as a bellwether for how voters are feeling a few months into Trump’s presidency, and which way more votes could start going now ahead of the midterm elections. Musk’s heavy involvement in the race has also turned the election into somewhat of a referendum on the billionaire’s incursion into American politics, as Musk and his Department of Government Efficiency have spearheaded broad and controversial cuts throughout the federal government. The election will also determine the ideological balance of the Wisconsin Supreme Court, which is currently controlled by Democratic-backed judges. That will likely affect how the court will rule on a number of major issues, including abortion, congressional redistricting and voting rules in the 2028 presidential election. The New York Times notes the race could also stand to benefit Musk-owned Tesla personally, as the company is suing Wisconsin to allow it to open dealerships in the state, which could ultimately go to the high court.
Key Background
The Wisconsin Supreme Court race is the first downballot race that Musk has played a major role in, after the billionaire emerged as a major political force during the presidential election. Musk formed America PAC last summer after endorsing Trump and went on to become one of the president’s biggest election donors and public supporters, spending millions on Trump’s election as Musk campaigned and spoke out in favor of the now-president. America PAC also held daily $1 million giveaways to swing state voters ahead of the presidential election, which drew widespread legal scrutiny but was ultimately upheld in court. Musk and America PAC turned their attention to Wisconsin after Musk said the PAC would continue trying to elect Republican candidates after the presidential race ended, writing on X in November that the group would “keep grinding” and “increasing Republican registrations in key districts around the country, in preparation for special elections and the midterms.” America PAC has spent more than $6 million in Wisconsin in support of Schimel, while Musk has also given more than $3 million himself to the state’s Republican Party, which is supporting Schimel. That’s made Musk one of a number of billionaires who have financially waded into the Supreme Court race, as both Schimel and Crawford have also received large donations from the likes of ABC Supply cofounder Diane Hendricks, Uline president Elizabeth Uihlein, Uline CEO Richard Uihlein, TD Ameritrade founder Joe Ricketts, Illinois Gov. J.B. Pritzker, LinkedIn cofounder Reid Hoffman and Democratic megadonor George Soros.
Further Reading
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