Wisconsin Refers Elon Musk Election Complaints to Prosecutors

The Wisconsin Elections Commission has voted to refer two complaints involving Elon Musk to state prosecutors after determining there is probable cause to believe he violated Wisconsin’s election bribery law. According to the Milwaukee Journal Sentinel, the commission approved the referrals in a 5-1 vote following allegations linked to financial incentives offered to voters during the 2025 Wisconsin Supreme Court election.

The commission concluded there was probable cause that Musk violated state law by offering money to individuals who voted in the 2025 election. The findings focus on posts made on X in which Musk offered $1 million to “individuals who voted in the 2025 Wisconsin Supreme Court Election in order to induce them to vote in that election.”

During the campaign, Musk’s America PAC awarded two Wisconsin voters $1 million each as part of a promotion tied to its “Petition in Opposition to Activist Judges.” The organization also distributed smaller prizes ranging from $20 to $100. After facing criticism over the giveaway, Musk said the $1 million recipients were selected as “spokesmen” for the PAC rather than simply for casting ballots.

Questions remain about how the winners were chosen. America PAC previously stated that recipients in a similar giveaway during the November 2024 election were selected based on their ability to serve as effective representatives for the organization rather than through a random drawing. One of the 2025 winners, Nicholas Jacobs, has been involved in Republican politics.

Musk has not publicly responded to requests for comment regarding the commission’s referral to prosecutors.

Musk invested heavily in support of conservative Wisconsin Supreme Court candidate Brad Schimel, a former state attorney general who served under former Gov. Scott Walker. Musk said he believed a Republican-controlled state Supreme Court would do more to “prevent voting fraud.” President Donald Trump also campaigned for Schimel during the race, which was widely viewed as an early test of Trump’s second-term political agenda. Musk contributed more than $20 million to organizations supporting Schimel, making it the most expensive judicial election in U.S. history. Schimel ultimately lost to liberal Justice Susan M. Crawford by 10 percentage points. During the same period, Tesla had filed a lawsuit seeking permission to open dealerships in Wisconsin.

The legal challenges surrounding the giveaway continue. Before the 2025 election, Wisconsin’s liberal-leaning Supreme Court declined to block the $1 million payments after Attorney General Josh Kaul filed a lawsuit seeking to stop them. Law Forward also filed a separate lawsuit accusing Musk of violating Wisconsin’s election bribery law, and that case remains pending. In addition, voters filed a class-action lawsuit over America PAC’s 2024 presidential election giveaway after the organization acknowledged that winners were not selected randomly. Plaintiffs argue they were misled into believing they had an equal opportunity to receive the prizes if they signed the PAC’s petition. Last month, a judge ordered Musk to provide sworn testimony in that case.