The Wisconsin Elections Commission (WEC) voted Tuesday to recommend criminal charges against Elon Musk and his America PAC for alleged violations of election law tied to high-profile voter incentives during last year’s Supreme Court race.
In a 5-1 decision, WEC commissioners determined that Musk’s distribution of two $1 million checks at a March 2025, rally in Green Bay may have violated Wisconsin’s prohibition on providing anything of value in exchange for a vote or registration to vote. WEC referred the matter to the Brown County District Attorney’s Office for potential charges.
WEC cited Musk’s payments, framed as “appreciation for voting” and petition-signing rewards, as crossing into illegal territory under state statutes that ban offering valuables to influence participation in election. Smaller $100 incentives for signing petitions against “activist judges” and referring friends were also flagged as potential crimes.
Musk, who spent tens of millions supporting conservative candidate Brad Schimel against eventual winner Susan Crawford, has defended the payments as lawful prizes disconnected from direct vote solicitation. His representatives called the commission’s action “selective enforcement” driven by political opponents.
“Private citizens exercising free speech and generosity should not face criminalization for engaging with voters,” an America PAC spokesman said Tuesday.
The 2025 contest became the costliest state supreme court race in American history, with Musk’s involvement drawing national attention and contributing to a backlash that helped Crawford prevail.
The Brown County District Attorney’s Office confirmed Tuesday that it had received WEC’s referral and said it would review the evidence thoroughly. Prosecutors could Musk, America PAC officials, or both with felonies that could carry significant penalties.
Musk himself has not commented on Tuesday’s referral.
