Wisconsin judge blocks suit against Musk over $2M Supreme Court race handout; AG appeals

A Wisconsin judge on Saturday declined the state attorney general’s request for an emergency injunction to prevent Elon Musk from paying two voters $1 million for opposing “activist judges” in the upcoming Supreme Court election. 

The billionaire has voiced his support for Republican candidate Brad Schimel, who's running against liberal opponent Susan Crawford. Musk is slated to give a Sunday speech in the Badger State to urge local residents to cast their ballot for Schimel while delivering $1 million paychecks to two spokespeople who spread the word on the ground and $100 to voters who sign a petition against “activist judges.”

Wisconsin Attorney General Josh Kaul, a Democrat, argued Musk’s move is illegal and filed a lawsuit against his intended actions on Friday. 

The case was originally assigned to Crawford, who recused herself and then reassigned the case to Columbia County Circuit Court Judge Andrew Voight, who decided to forego blocking the Tesla CEO’s payments. 

“The Wisconsin Department of Justice is committed to ensuring that elections in Wisconsin are safe, secure, free, and fair. We are aware of the offer recently posted by Elon Musk to award a million dollars to two people at an event in Wisconsin this weekend,” Kaul said in a Friday statement to The Hill.

“Based on our understanding of applicable Wisconsin law, we intend to take legal action today to seek a court order to stop this from happening.”

The Wisconsin attorney general has now vowed to appeal Voight’s ruling on his request for an emergency injunction regarding Musk’s posts. 

But for now, the tech giant is still slated to host his Sunday rally where he will financially support voters in favor of Schimel over Crawford, despite Democratic opposition.

The two are competing for an open seat on the Wisconsin Supreme Court, which currently has a 3-3 ideological split. 

“On Sunday night, I will give a talk in Wisconsin. Entrance is limited to those who have voted in the Supreme Court election,” Musk said in a deleted Friday post on his social platform X.  

“I will also personally hand over two checks for a million dollars each in appreciation for you taking the time to vote. This is super important,” he added. 

Later in the day, he made a separate post clarifying his intentions. 

“On Sunday night, I will give a talk in Wisconsin. To clarify a previous post, entrance is limited to those who have signed the petition in opposition to activist judges,” Musk wrote online. “I will also hand over checks for a million dollars to 2 people to be spokesmen for the petition.”

Wisconsin state law says that that anyone who “Offers, gives, lends or promises to give or lend, or endeavors to procure, anything of value, or any office or employment or any privilege or immunity to, or for, any elector, or to or for any other person, in order to induce any elector to” go or not go to the polls, or vote or not vote, is illegal.

During the presidential election, Musk used his America PAC to make similar payments to voters who supported President Trump. The Department of Justice did issue a warning letter to the tech giant, but did not stop him from doling out money.