MADISON, United States — Wisconsin’s election commission has asked a county prosecutor to consider criminal charges against Elon Musk after concluding that there was probable cause to believe his offer of $1 million payments to voters violated the state’s election bribery law.
The Wisconsin Elections Commission referred two confidential complaints against Musk to the Brown County district attorney’s office, placing the decision on whether to prosecute the billionaire and political donor in the hands of local authorities.
The commission voted 5-1 during a closed meeting on Thursday, July 9, 2026.
Its six members are divided evenly between Democratic and Republican appointees. Under Wisconsin law, prosecutors have 40 days to inform the commission whether they will pursue charges.
The complaints were filed by voters from Milwaukee and Green Bay but have not been released publicly because state law requires them to remain confidential.
According to the commission’s motion, the panel found probable cause that Musk violated the law “by making a social media post that offered one million dollars to individuals who voted in the 2025 Wisconsin Supreme Court Election in order to induce them to vote in that election.”
Brown County District Attorney David Lasee will determine whether the evidence is sufficient to support criminal charges.
Lasee did not respond immediately to a request for comment reported by The Associated Press.
Representatives for Musk also did not immediately comment.
A Deleted Post and Two $1 Million Cheques
The commission’s finding centres on a message Musk published on X on March 27, several days before the April 1 election.
In the post, Musk said that attendance at an event he planned to hold in Wisconsin would be limited to people who had already voted in the Supreme Court contest.
“I will also personally hand over two checks for a million dollars each in appreciation for you taking the time to vote,” Musk wrote.
The message was deleted several hours later. Musk subsequently said entry to the event would be restricted to people who had signed a petition opposing “activist judges”, and that the recipients of the money would serve as paid spokespeople for the petition.
At a rally in Green Bay on March 30, Musk presented two people with $1 million cheques. His political action committee, America PAC, had previously awarded another $1 million payment to a Wisconsin voter who signed the petition.
America PAC also offered registered voters $100 for signing the petition or referring another registered voter who signed it.
Three Wisconsin voters ultimately received $1 million payments linked to the campaign.
Wisconsin law makes it a felony to offer or give something of value to persuade a voter to cast a ballot or refrain from voting.
Earlier Effort to Block Payments Failed
Wisconsin Attorney General Josh Kaul went to court in March 2025 seeking to prevent Musk from distributing the two cheques at the Green Bay rally.
Musk’s lawyers maintained that the payments were political expression protected by the First Amendment of the United States Constitution and comparable protections under Wisconsin’s Constitution.
The payments were “intended to generate a grassroots movement in opposition to activist judges, not to expressly advocate for or against any candidate”, the lawyers said in court filings.
A circuit court and an appeals court rejected Kaul’s effort. The Wisconsin Supreme Court later declined to intervene, allowing the Green Bay event to proceed.
The elections commission’s referral does not amount to a criminal charge or a finding of guilt. It authorises the Brown County prosecutor to review the complaints and decide whether to begin a prosecution.
Musk Spent Millions on Court Race
Musk supported Brad Schimel, a former Wisconsin attorney general and Circuit Court judge who was backed by Republicans in the officially nonpartisan Supreme Court election.
Musk and organisations he financed or supported spent more than $20 million on efforts to elect Schimel and shift control of the state’s highest court to conservatives.
Susan Crawford, the Democratic-backed candidate, won the election, preserving the court’s liberal majority.
Total spending by groups on both sides exceeded $100 million, making the contest the most expensive judicial election in United States history.
Civil Lawsuit Seeks to Prevent Future Payments
Musk’s election spending is also the subject of a separate civil case filed in Brown County by the Wisconsin Democracy Campaign and two voters.
The lawsuit names Musk, America PAC and United States of America Inc., another organisation financed by Musk.
It accuses the defendants of violating Wisconsin’s prohibitions against election bribery and unauthorised lotteries.
The plaintiffs also allege an unlawful conspiracy and a public nuisance.
They are asking the court to prevent Musk and the organisations from offering similar payments in future Wisconsin elections. The case remains pending.
America PAC used a related payment programme before the 2024 presidential election, offering daily $1 million awards to registered voters in Wisconsin and six other battleground states who signed a petition supporting the First and Second Amendments.
A Pennsylvania prosecutor tried to stop that programme as an illegal lottery.
A judge allowed it to continue after finding that prosecutors had not shown that the arrangement violated the state’s lottery law.
Musk’s lawyers said recipients had been selected as paid representatives of the political organisation rather than chosen through a random contest.
