
Billionaire Elon Musk may face criminal prosecution in Wisconsin after a bipartisan state elections panel determined there is probable cause that he violated election bribery laws during the 2025 state Supreme Court race.
The Wisconsin Elections Commission, composed of three Democrats and three Republicans, voted 5-1 in a closed session last Thursday to refer two confidential voter complaints to the Brown County District Attorney’s office. The referral concerns Musk’s widely publicized efforts to influence the state’s most expensive judicial election in U.S. history, in which he and his affiliated groups spent over $20 million to support conservative candidate Brad Schimel.
The legal scrutiny centers on a social media post Musk published in late March 2025, in which he initially offered $1 million checks to individuals in exchange for voting in the Supreme Court election. Although Musk later deleted the post and attempted to reframe the payments as awards for signing a petition against “activist judges,” the commission’s motion concluded that the original offer was an attempt to induce voters, which constitutes a Class I felony under state law. A conviction for election bribery in Wisconsin can carry a penalty of up to 3.5 years in prison and a fine of up to $10,000.
Brown County District Attorney David Lasee now has 40 days to review the evidence and notify the commission of his decision regarding potential criminal charges. As of this week, Lasee has not publicly commented on the referral.
The referral marks the latest chapter in a long-standing legal battle over Musk’s political spending. In March 2025, Wisconsin Attorney General Josh Kaul unsuccessfully sought a court injunction to block the giveaways, arguing they violated state law. While Musk’s defense team argued that the payments were protected political speech intended to foster a “grassroots movement,” state courts declined to intervene at the time.
Beyond the criminal referral, a separate civil lawsuit filed by the Wisconsin Democracy Campaign remains pending in Brown County, seeking to permanently bar Musk and his organizations from offering similar cash payments in future Wisconsin elections.
The 2025 race ultimately saw a decisive victory for liberal candidate Susan Crawford, who defeated Schimel by 10 percentage points, preserving a liberal majority on the high court.
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