The Democratic attorney general of Wisconsin, Josh Kaul, has requested the liberal Wisconsin Supreme Court to prevent billionaire Elon Musk from distributing $1 million checks before the upcoming election on Tuesday. However, the court, which includes three conservatives and four liberals, denied Kaul’s emergency request on Sunday.
Musk was set to hold a town hall for America PAC in Green Bay on Sunday evening when the filing was made. During the event, two voters who signed a petition against “activist judges” received $1 million checks from Musk.
Holding a large check, Musk explained, “The reason for the checks is that it’s really just to get attention. We need to get attention, and when I do this, the legacy media kind of loses their mind.”
Musk was there to support Republican candidate and former state attorney general Brad Schimel, who was elected by Wisconsin voters to serve 10-year terms as justices of the Supreme Court.
In his filing, Kaul urged the state high court to make a ruling “as soon as possible but no later than the planned event on Sunday evening.” Although the two recipients of Musk’s checks had already voted, Kaul argued that Musk’s giveaway violates state election laws.
According to Fox News, Kaul’s filing stated that offering $1 million to two Wisconsin voters, contingent on their participation in the election, breaches Wisconsin Statute § 12.11, which prohibits giving “anything of value” in exchange for “voting or refraining from voting.” Kaul asserted, “It is illegal in Wisconsin to offer anything of value to persuade someone to cast a ballot. But that’s exactly what Elon Musk did.”
In response, Musk’s lawyers contended that the payments were “intended to generate a grassroots movement in opposition to activist judges, not to expressly advocate for or against any candidate.”
Schimel, speaking on “Fox News Sunday,” stated that he has no control over “any of the spending from any outside group, whether it’s Elon Musk or anyone else.” He emphasized, “That’s exactly what I’ve committed to anybody, whether it’s President Trump, Elon Musk, or any donors and supporters or voters in Wisconsin. That’s what I promise.”
Musk clarified in a statement on X that “entrance is limited to those who have signed the petition in opposition to activist judges,” and added, “I will also give two people a million dollar check to serve as petition ambassadors.”
With the GOP majority in the U.S. House at stake, Musk and voter registration activist Scott Presler have been actively encouraging Republican turnout. America PAC, initially established to support President Donald Trump’s 2024 campaign, is investing $1 million to assist in the fieldwork and canvassing for conservative Supreme Court candidate Brad Schimel. Additionally, another organization backed by Musk, Building America’s Future, has spent $1.5 million on advertisements endorsing Schimel.
Musk’s opponent, liberal judge Susan Crawford, is vying for a seat that could determine the balance of power in the crucial swing state’s highest court. If Crawford wins, the current liberal majority of 4-3 will be maintained, likely leading to justices approving a gerrymandering of the state’s congressional districts that could cost Republicans at least two seats in the U.S. House and potentially shift control to Democrats in 2026.
Barry Burden, a political scientist at the University of Wisconsin-Madison, noted last month that the Supreme Court “is the center of the action” in a state divided between a Republican legislature and a Democratic governor, making it a venue for many contentious issues.
Presler, known for his role in turning Pennsylvania red in the last election cycle by registering tens of thousands of new Republican voters, warned that a repeat of the state’s significant 2023 election, where liberal candidate Janet Protasiewicz defeated conservative Dan Kelly, could happen again.
Earlier this month, Presler told Breitbart News, “I tried to warn people in 2023, and here is what I’m saying now: if Wisconsinites don’t pay attention to this race, history is going to repeat itself, and you’re going to have this court stay under Democrat control.”
With early voting having been open for about two weeks, the election is set for Tuesday.
