The liberal-leaning Wisconsin Supreme Court has responded to a request from the state’s Democratic Attorney General, Josh Kaul, to halt billionaire Elon Musk from distributing $1 million checks ahead of a crucial election on Tuesday.
In a unanimous decision, all seven justices—four liberals and three conservatives—rejected Kaul’s emergency request on Sunday, just as Musk was set to host an America PAC town hall in Green Bay. During the event, Musk handed over $1 million checks to two voters who signed a petition against what he termed “activist judges.”
“The reason for the checks is that it’s really just to get attention,” Musk stated while holding a large check. “It’s like, we need to get attention….somewhat inevitably, when I do this….it causes the legacy media to, like, kind of lose their minds.”
Wisconsin voters elect Supreme Court justices for 10-year terms, and Musk was in the state to support Republican candidate Brad Schimel, a former state attorney general.
In his filing, Kaul urged the state high court to make a decision “as soon as possible but no later than the planned event on Sunday evening.” He argued that Musk’s giveaway violates state election laws, although the two recipients of the checks had already cast their ballots in the election. Kaul claimed that the offer to pay $1 million to two Wisconsin electors, conditioned on their voting in the upcoming election, violates Wisconsin Statute § 12.11, which prohibits offering “anything of value” in exchange for voting or refraining from voting.
Musk’s attorneys countered that the payments were intended to generate grassroots opposition to activist judges, rather than to explicitly advocate for or against any candidate. Schimel, in an interview on “Fox News Sunday,” stated that he does not control any spending from outside groups, including Musk’s contributions. “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,” he added.
In a statement on X, Musk clarified that “entrance is limited to those who have signed the petition in opposition to activist judges,” and he reiterated his intention to hand over checks to two individuals who would serve as spokespeople for the petition.
Musk and voter registration activist Scott Presler have been actively working to motivate Republican turnout for the election, as the GOP majority in the U.S. House is at stake. America PAC, initially formed to support President Donald Trump’s 2024 campaign, is investing $1 million to support Schimel’s canvassing and field operations. Additionally, another Musk-backed group, Building America’s Future, has purchased $1.5 million in commercials to support Schimel.
Schimel’s opponent is liberal judge Susan Crawford, and the outcome of this race will determine the balance of power in Wisconsin’s highest court. A victory for Crawford would maintain the court’s current 4-3 liberal majority, likely leading to the approval of a gerrymandering plan that could cost Republicans at least two U.S. House seats, potentially flipping the chamber to Democrats in 2026.
The state is divided between a Democratic governor and a Republican legislature, making the Supreme Court a critical battleground for contentious issues. University of Wisconsin-Madison political scientist Barry Burden noted that the court has become a focal point for many hot-button issues that resonate with voters.
Meanwhile, Presler, who has been credited with helping to flip Pennsylvania red in the last election cycle by registering tens of thousands of new Republican voters, warned that a repeat of the 2023 election in Wisconsin could occur if voters do not pay attention to this race. “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,” he told Breitbart News.
The election is set for Tuesday, with early voting having been underway for about two weeks.
