A unanimous Wisconsin Supreme Court on Sunday refused to hear a last-minute attempt by the state’s Democratic attorney general to stop billionaire Elon Musk from handing over $1 million checks to two voters, a ruling that came just minutes before the start of the rally.
Two lower courts had already rejected the legal challenge by Democrat Josh Kaul, who argues that Musk’s offer violates a state law. “Wisconsin law prohibits offering anything of value to induce anyone to vote,” Kaul argued in his filing. “Yet, Elon Musk did just that.”
But the state Supreme Court, which is currently controlled 4-3 by liberal justices, declined to take the case as an original action. The court gave no rationale for its decision.
Taking the stage in Green Bay wearing a yellow foam cheesehead hat, Musk gave out $1 million checks on Sunday to two Wisconsin voters, declaring them spokespeople for his political group.
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Musk painted the judicial race he has pumped more than $20 million into as pivotal for the country.
Noting the likelihood the state high court will take up redistricting that could give Democrats a chance at winning two additional U.S. House seats, Musk said, “The House majority is now razor thin.”
“And if the (Wisconsin) Supreme Court is able to redraw the districts, they will gerrymander the district and deprive Wisconsin of two seats on the Republican side,” Musk said. “Then they will try to stop all the government reforms we are getting done, for you the American people.”
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Wisconsin’s tightly contested Supreme Court election, where ideological control of the court is at stake, is on Tuesday. The race, with the assist from Musk, has become the most expensive judicial election in American history, with more than $81 million in spending.
Liberals currently hold a 4-3 majority. But five of the court’s seven justices have endorsed a candidate in the race, raising potential conflicts for them to hear the Musk lawsuit.
The court’s liberal justices have endorsed Dane County Judge Susan Crawford, the Democratic-backed candidate. One of the court’s conservative justices has endorsed Waukesha County Judge Brad Schimel, who also has the backing of President Trump and Musk. Schimel wore a “Make America Great Again Hat” while campaigning Sunday.
“That’s exactly what I’ve committed to anybody, whether it’s President Trump, Elon Musk or any donors and donors or supporters or voters in Wisconsin. That’s my commitment,” Schimel told “Fox News Sunday.”
It’s unclear whether Schimel attended the rally.
Crawford’s campaign declined to comment on Kaul’s legal filing, and Kaul had no immediate comment on the court’s order.
“Wisconsin law prohibits offering anything of value to induce anyone to vote,” Kaul had argued in his filing. “Yet, Elon Musk did just that.”
Musk’s political action committee used a nearly identical tactic before the presidential election last year, offering to pay $1 million a day to voters in Wisconsin and six other battleground states who signed a petition supporting the First and Second Amendments. A judge in Pennsylvania said prosecutors failed to show the effort was an illegal lottery and allowed it to continue through Election Day.
Musk on Friday initially said in a post on his social media platform, X, that he planned to “personally hand over” $2 million to a pair of voters who have already cast their ballots in the race.
Musk later posted a clarification, saying the money would go to people who will be “spokesmen” for an online petition against “activist” judges. After first saying the event would only be open to people who had voted in the Supreme Court race, he said attendance would be limited to those who have signed the petition.
Also on Friday, Musk’s political action committee identified the recipient of its first $1 million giveaway — a Green Bay man who had donated to the Wisconsin GOP and the conservative candidate in the court race, and who has a history of posting support for Trump and his agenda.
The judicial election comes as Wisconsin’s highest court is expected to rule on abortion rights, congressional redistricting, union power and voting rules that could affect the 2026 midterms and the 2028 presidential election in the state.
There will also be congressional elections held Tuesday in Florida that have attracted big fundraising. Florida’s 6th District was vacated when National Security Adviser Mike Waltz joined Mr. Trump’s Cabinet, and the 1st District was held by former Rep. Matt Gaetz, who resigned to join the Trump administration as Attorney General. He eventually withdrew his name from consideration, but he had already vacated his seat. Both districts voted for Mr. Trump by 30 points or more, but Democrats have dominated fundraising.
