A billionaire entrepreneur Elon Musk is facing new legal scrutiny after the Wisconsin Elections Commission found probable cause that his $1 million cash giveaways to voters may have violated the state’s election bribery law as well as the state’s election bribery law in its new investigation.
The bipartisan commission voted 5-1 to refer two complaints against Musk to the Brown County District Attorney's Office, opening the door for a possible criminal investigation into whether the billionaire illegally incentivised voters during Wisconsin’s Supreme Court election.
What is Elon Musk’s investigation?
But in May, America PAC, Musk's political action committee, gave $1 million to several Wisconsin voters who signed a petition against what it called “activist judges.”
The petition drive took place during the Wisconsin Supreme Court election in April 2025, during which Musk and his PAC spent millions on behalf of Republican-backed candidate Brad Schimel. Schimel eventually lost to Democratic-backed Susan Crawford.
The Wisconsin Elections Commission concluded there was probable cause to believe Musk violated a state law that makes it a crime to offer voters “anything of value” to influence or induce them to vote.
Case referred for prosecution.
The Commission is now going to refer the matter to Brown County District Attorney David Lasee, who will determine whether criminal charges should be pursued.
Neither Musk nor the district attorney's office had publicly commented on the referral at the time of reporting.
Previous Legal Challenges
The recent development follows multiple lawsuits over Musk's election-related cash giveaways.
Before the Wisconsin election, Wisconsin Attorney General Josh Kaul tried to block the payments, saying they violated state election laws by offering financial incentives linked to political participation.
Musk’s legal team defended the programme, saying it was protected under the First Amendment as a form of political speech.
The Wisconsin Supreme Court did not intervene before the election and the giveaways continued.
In another case, an advocacy group has filed a civil lawsuit claiming that the cash prizes violated Wisconsin’s election bribery law and amounted to an illegal lottery. That case is currently pending.
Similar Controversies in Other States.
Musk’s voter giveaway strategy also attracted legal challenges during the 2024 U.S. presidential election.
In Pennsylvania, the Philadelphia District Attorney Larry Krasner sued Musk for daily $1 million giveaways, arguing they violated state election and lottery laws. But a judge let the payments continue while litigation occurred.
There was also a federal lawsuit filed by a voter in Arizona, who claimed Musk fraud and breach of contract in the giveaway contests and alleged that the winners of the giveaways were not randomly selected as advertised.
Musk’s lawyers admitted in court that winners were “vetted” and not chosen entirely by chance, and said they were effectively selected as spokespersons for America PAC. A federal magistrate judge also recommended the fraud case would be allowed to proceed, but the breach of contract claim was dismissed. A final ruling from a district court judge is still pending.
What’s next?
The referral by the Wisconsin Elections Commission does not mean Musk has been charged with a crime. The Brown County District Attorney will review the evidence and decide whether to pursue criminal prosecution.
The case is only one of several legal controversies that have erupted around Musk’s political activities and campaign activities ahead of upcoming U.S. elections.
