The Wisconsin Elections Commission has concluded there is probable cause to believe billionaire Elon Musk may have violated the state’s election bribery law after offering $1 million cheques to voters during the 2025 Wisconsin Supreme Court election.
In a bipartisan 5-1 vote, the commission agreed to refer two complaints against Musk to the Brown County District Attorney’s Office for possible criminal investigation.
According to the commission, the referral follows complaints alleging that Musk’s cash giveaways amounted to offering “something of value” to influence voting behaviour.
Brown County District Attorney David Lasee has not indicated whether his office will pursue criminal charges, while Musk has not publicly commented on the commission’s latest decision.
Commission Finds ‘Probable Cause’ Under State Law
The Wisconsin Elections Commission, comprising three Republican and three Democratic members, approved a motion finding probable cause that Musk’s actions may have breached Wisconsin’s election bribery statute.
The law makes it a criminal offence to offer anything of value to induce someone to vote.
The controversy stems from America PAC, the political action committee backed by Musk, which distributed $1 million cheques to three Wisconsin voters who signed a petition opposing what it described as “activist judges.” The campaign coincided with the April 2025 Wisconsin Supreme Court election, where Musk and America PAC spent millions supporting Republican-backed candidate Brad Schimel, who ultimately lost to Democratic-backed Susan Crawford.
Cash Giveaway Already Triggered Multiple Legal Challenges
The legality of the programme had already been challenged before the election.
Wisconsin Attorney General Josh Kaul filed a lawsuit seeking to block the payments, arguing they violated state election law by effectively offering financial incentives connected to voting.
Musk’s legal team countered that the initiative constituted protected political speech under the First Amendment.
Wisconsin’s Supreme Court declined to intervene before the election, allowing the giveaways to proceed.
During a campaign rally in Green Bay, Musk presented oversized ceremonial $1 million cheques to two individuals introduced as spokespeople for America PAC.
Following the election, an advocacy organisation filed a separate civil lawsuit in Wisconsin, alleging the giveaways violated the state’s election bribery statute and also amounted to an unlawful lottery.
That litigation remains pending, with Musk’s lawyers seeking dismissal.
Similar Cases Continue Across The United States
The Wisconsin referral adds to a series of legal challenges linked to America PAC’s election-related promotions during the 2024 presidential campaign.
In Pennsylvania, Philadelphia District Attorney Larry Krasner sued Musk over daily $1 million giveaways, alleging violations of election and lottery laws, although a judge permitted the programme to continue while the case proceeded.
Elon Musk also faces litigation in Arizona, where a voter alleges the giveaways were misleading because winners were not selected randomly.
During those proceedings, Musk’s lawyers acknowledged that recipients had been vetted rather than chosen purely by chance, arguing the selection process resembled a recruitment exercise rather than a lottery.
A federal magistrate judge recently recommended allowing the fraud claim to proceed, although a final decision remains pending before the district court.
