Elon Musk just triggered a legal firestorm in Wisconsin. He passed out two $1 million checks to voters who signed his petition to stop “activist” judges. The unusual move has caught many by surprise. In retaliation, Wisconsin Attorney General Josh Kaul is suing Musk, alleging that he violated state laws prohibiting gifts for votes. Though such actions could be construed as illegal bribery under federal law, Musk’s lawyers insist that the payments weren’t made as a vote inducement.
The focal point of the ongoing debate is a highly charged, partisan judicial election between Waukesha County circuit court Judge Brad Schimel and Wisconsin Judicare attorney Judge Susan Crawford. This election has morphed into the most expensive judicial race in U.S. history, with spending soaring to $81 million. Musk has already raised $14 million for Judge Schimel’s re-election campaign. He views this election as an opportunity to preemptively halt any potentially Democratic gerrymander of new Democratic members in Congress.
Musk’s history of giveaways is not new. His last proposal was a $1 million daily cash prize to every voter in Wisconsin and six other key battleground states, announced last year. Attorney General Kaul had claimed that these giveaways were actually illegal vote-buying attempts. In a surprising twist, two lower courts ruled in favor of Musk, clearing the way for the unjustified giveaways to continue. Kaul’s last-minute request to the state supreme court for intervention was rejected, allowing the inflammatory checks to go out.
“We just want judges to be judges.” – Elon Musk
Musk’s legal team asserts that the giveaways were “intended to generate a grassroots movement in opposition to activist judges, not to expressly advocate for or against any candidate.” They further argued that restricting Musk’s actions would be “restraining Mr. Musk’s political speech and curtailing his First Amendment rights.”
These same judges that were deciding the case have been in the spotlight. Judges Mulvey and Rockland publicly supported Judge Crawford and their recusal was sought by Musk’s legal team. They argued that those judges’ decisions were one-sided. A judge in Pennsylvania recently upheld the legality of the giveaway. He noted the failure by prosecutors to show that it was an illegal lottery.
“I have no idea what he’s doing. I have no idea what this rally is.” – Judge Brad Schimel