The Capitol Report, produced by WisPolitics.com — a nonpartisan, Madison-based news service that specializes in coverage of government and politics — provides a weekly analysis of issues being debated in Wisconsin state government. It is underwritten by the WNA and produced exclusively for its members. WisPolitics.com President Jeff Mayers is a former editor and reporter for the Associated Press and a former political writer for the Wisconsin State Journal.
By WisPolitics-State Affairs
Some stories just have a life of their own.
Here’s one that popped up recently, a summer story that stirred memories of the first frantic months of the second Trump administration. Donald Trump, Elon Musk and their allies in early 2025 were busy exerting influence everywhere they could — including an important Supreme Court race in Wisconsin.
Now the bipartisan state Elections Commission has found probable cause that Musk broke state law with a social media post that offered $1 million to individuals to vote in the 2025 Wisconsin Supreme Court election.
The commission has now referred the case to Brown County District Attorney Dave Lasee, who will make the call on whether to prosecute the world’s richest man.
The state Elections Commission said it couldn’t comment on the referral beyond noting the commissioners voted 5-1 to find probable cause Musk broke Wisconsin’s election bribery law, which prohibits offering anything of value above $1 to cast a ballot.
It’s a Class I felony to violate the law, punishable by up to 3.5 years in prison and/or a $10,000 fine.
The criminal referral stems from complaints two citizens filed against Musk following the 2025 state Supreme Court race, where the Tesla founder dropped millions to back conservative Brad Schimel. Susan Crawford won the race by double digits, maintaining liberals’ majority on the state Supreme Court, and Musk’s involvement in the race became a central issue in her victory.
In the days ahead of the 2025 Supreme Court race, Musk posted on social media — and then took down — an offer to give awards to people at a rally in Green Bay in appreciation of them voting in the spring race. Instead, he changed it to an offer of two $1 million awards to attendees at the Green Bay rally for signing a petition opposing activist judges.
Dem Attorney General Josh Kaul sought a court order to block Musk and his PAC from giving the $1 million awards to two voters. But a circuit court, an appeals court and ultimately the Wisconsin Supreme Court rejected his request.
Musk-aligned PACs Building America’s Future and America PAC combined to spend $21.7 million, according to a check of independent expenditure reports and media buys tracked by AdImpact. Musk also donated $3 million to the state GOP, which in turn pumped $9.6 million into Schimel’s campaign.
Musk’s America PAC also reported spending more than $27 million on “petition incentives” during the first half of 2025, though it didn’t include details on how much of that was spent in Wisconsin.
A year ago, the Wisconsin Democracy Campaign and two residents filed a civil lawsuit accusing Musk and two of his PACs of election bribery and an illegal lottery for conducting the online petition. That case, which is now pending in Brown County Court, seeks a declaration they broke the law and an order to refrain from similar efforts in the future.
This story just might have legs.
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The Capitol Report is written by editorial staff at WisPolitics.com, a nonpartisan, Madison-based news service that specializes in coverage of government and politics, and is distributed for publication by members of the Wisconsin Newspaper Association.
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