A government oversight group in Wisconsin has filed a lawsuit aiming to prevent billionaire Elon Musk from offering direct cash incentives to voters in the state, following his controversial payments during this spring’s fiercely contested Wisconsin Supreme Court election.
In the lead-up to the April 1 election, Musk personally handed out $1 million checks to three voters in Wisconsin, including two face-to-face. His goal was to support conservative candidate Brad Schimel. Additionally, Musk’s political action committee, America PAC, offered $100 to voters who signed a petition opposing “activist judges” or who referred others to sign it.
This activity was part of over $20 million Musk and allied groups spent trying to shift the majority on Wisconsin’s Supreme Court. The overall spending from both sides exceeded $100 million, making it the costliest judicial race in U.S. history.
Despite these efforts, Musk’s candidate lost by a 10-point margin to Democrat-backed Susan Crawford, securing a 4-3 liberal majority on the court through at least 2028.
Since then, Musk has stated plans to reduce his political spending and has publicly clashed with former President Donald Trump after stepping away from his administration.
The new lawsuit, filed in Wisconsin state court by the Wisconsin Democracy Campaign, accuses Musk’s actions of risking turning elections into “open auctions,” where the highest bidders buy votes and determine outcomes. It alleges violations of laws against vote bribery and unauthorized lotteries, claiming Musk and his affiliated groups engaged in an unlawful conspiracy and caused a public nuisance. The plaintiffs request that Musk be legally barred from making such payments to voters in the future.
Attempts to get a response from America PAC’s spokesperson were unsuccessful.
Wisconsin faces another Supreme Court election in April, and in November 2026, control over the state legislature, governor’s office, and its eight congressional seats will be decided.
The lawsuit names Musk, America PAC, and another Musk-funded group, United States of America Inc., which distributed the payments.
The court that newly elected Justice Crawford will join in August could potentially hear this case. However, Crawford would likely be asked to recuse herself, which might leave the court evenly divided between conservative and liberal justices.
Previously, the current liberal-majority court declined to hear a similar lawsuit brought by Wisconsin’s Democratic attorney general aimed at blocking Musk’s $1 million voter payments just days before the election. Lower courts rejected that suit, and the state Supreme Court declined to intervene on procedural grounds.
Musk’s legal team defended the payments as free speech protected under both Wisconsin and U.S. constitutions, opposing any restrictions.
Before the 2024 presidential election, America PAC used a similar approach, offering $1 million per day to voters in Wisconsin and six other battleground states who signed a petition supporting the First and Second Amendments. A Pennsylvania judge ruled that prosecutors had not proven this effort was an illegal lottery, allowing it to proceed until Election Day.
Meanwhile, a separate federal lawsuit filed in Pennsylvania in April alleges that Musk’s PAC failed to pay over $20,000 owed to individuals who signed that petition. America PAC has filed a motion to dismiss this case, which is still pending.
