The organization claims Musk’s petition in favor of a conservative candidate and the cash prizes that went with it amounted to a conspiracy to commit election bribery, a public nuisance and an unlawful lottery.
MADISON, Wis. (CN) — A Wisconsin nonprofit aimed at campaign finance reform filed a lawsuit on Tuesday against Elon Musk and his super PACs, claiming that some of the tactics he used in the 2025 Wisconsin Supreme Court election amounted to election bribery and conspiracy.
In March, Elon Musk involved himself in the election to fill a vacancy on the Wisconsin Supreme Court, drawing national attention and spending upwards of $20 million in support of conservative candidate Judge Brad Schimel in his race against Justice Susan Crawford, who later won.
The race would decide the ideological majority on the court for at least the next three years, which could impact the outcome of upcoming cases related to abortion rights, voter ID, separation of powers and election restrictions.
Two weeks before election day, Musk’s AMERICA PAC launched a “Petition in Opposition to Activist Judges,” which offered registered voters $100 for signing and $100 more for each successful referral. Voters who signed would also be entered into a lottery for $1 million which Musk said was “in appreciation for taking the time to vote.”
The Wisconsin Democracy Campaign claims that Musk, AMERICA PAC and United States of America Inc. — a corporation the plaintiffs say Musk helped create and donated millions to AMERICA PAC — acted together to commit election bribery by creating the petition and trading cash for a promise to vote for Schimel. They say this is a civil conspiracy and an unlawful lottery.
“Defendants’ election bribery distorted the political process by transforming the elective franchise from a sacred, solemn and priceless constitutional right into a tawdry display of economic might, complete with the allure of million-dollar awarded to entice prospective Wisconsin voters,” the campaign finance nonprofit says in the suit.
The organization asks the court to block Musk and his PACS from further conduct “which constituted, and continues to constitute, a public nuisance.”
Wisconsin state law prohibits any person from offering, giving, lending or promising anything of value to any elector in order to induce them to vote or refrain from voting for or against a particular person.
“Purchasing, or attempting to purchase, votes is so corrosive that it undermines the rights of all Wisconsin voters, including WDC’s constituents and Individual Plaintiffs,” the nonprofit says.
Joining the Wisconsin Democracy Campaign in the suit against Musk are two voters, Paul Gagliardi and Deborah Patel.
According to the nonprofit, Patel signed Musk’s petition but also spent thousands of dollars in campaign contributions — ostensibly to Crawford’s campaign — in order to “counter defendants’ scheme.”
The plaintiffs in Tuesday’s lawsuit claim that Musk’s conduct threatened a free election and the constitutional right to be free from corruption and bribery. If the court does not act, they say, Musk will return to Wisconsin for the next state election to run the same plays.
“As the world’s richest person, Musk is uniquely positioned to continue to provide million-dollar ‘award[s]’ to voters during campaigns,” the plaintiffs say. “On information and belief, defendants intend to repeat the basic elements of this scheme to warp future elections in Wisconsin.”
Wisconsin Attorney General Josh Kaul previously sued Musk and AMERICA PAC in March, just four days before election day, in the first attempt to prevent the million-dollar gifts to voters.
Kaul sought an emergency injunction to stop the payments from going out, arguing that they violate Wisconsin law because only supporters of one candidate are eligible for the prize.
The suit was unsuccessful, and the gifts were handed out at a town hall event held two days before election day by Musk — wearing a cheese head — in Green Bay. Only those who signed the petition were allowed entry to the town hall.
The 2025 spring election between Schimel and Crawford blew the previous 2023 spending record of $51 million, coming in at a shocking total of $100 million. Despite Schimel far outpacing Crawford in PAC dollars thanks to Musk, Crawford took 55% of the vote and solidified a liberal majority on the bench until 2028.
Musk’s tactics in Wisconsin were largely a throwback to the 2024 presidential election, where he used money to encourage low-propensity voters to head to the polls. In October 2024, he launched a similar petition offering $47 to each swing state voter who signed, and an addition $47 for each successful referral.
The plaintiffs are represented by Law Forward, a Madison, Wisconsin-based law firm, along with Washington’s Democracy Defenders Fund and New York’s Hecker Fink.
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