The Wisconsin Elections Commission last week referred two complaints to the Brown County district attorney’s office, which can choose to bring criminal charges over violating the state law against election bribery. Prosecutors have 40 days to report back to the commission.

Musk, the founder of SpaceX and CEO of Tesla, was deeply involved in the effort to flip majority control of the highest court in battleground Wisconsin.

The tech titan and groups he supported spent at least $20 million on the candidate backed by Republicans, Brad Schimel. However, he lost by 10 percentage points to Democratic-backed candidate Susan Crawford.

A month after the lopsided loss, Musk announced that he would be spending far less on political campaigns. Spending on the election topped $100 million, making it the most expensive judicial race in U.S. history.

Prosecutors will decide if Musk should be charged over the $1 million checks

The complaints, which are confidential under state law, were brought by voters in Milwaukee and Green Bay, which is in Brown County. Musk handed out checks at a rally there just days before the election.

The Wisconsin Elections Commission, consisting of three Democrats and three Republicans, voted 5-1 in closed session on Thursday to refer the complaints to the district attorney, the commission’s spokesperson Emilee Miklas said.

Brown County District Attorney David Lasee, a Republican, did not immediately return a message seeking comment Tuesday.

The motion approved by the elections commission said it found probable cause that Musk broke Wisconsin law by making a social media post offering $1 million to people who voted in the Supreme Court election “in order to induce them to vote in that election.”

Spokespeople for Musk did not immediately respond to requests for comment.

Musk gave $1 million checks to 3 Wisconsin voters

Three Wisconsin voters received checks from Musk, including two who got them in person at the Green Bay rally. Two weeks before the election, Musk’s political action committee, America PAC, offered $100 to voters who signed a petition in opposition to “activist judges,” or referred someone to sign it.

Crawford’s win kept liberals in control of the state Supreme Court, and their majority grew to 5-2 after Democratic-backed candidate Chris Taylor’s victory this year.

Musk’s spending on the 2025 race has already resulted in one lawsuit filed by a government watchdog group, the Wisconsin Democracy Campaign, which seeks to prohibit him from ever again offering cash payments in the state.

That lawsuit is pending in Brown County. It alleges that Musk and two groups he funds violated prohibitions on vote bribery and unauthorized lotteries and that his actions were an unlawful conspiracy and public nuisance.

Attempts to stop Musk failed in 2025

Wisconsin’s Democratic attorney general sued to stop Musk from handing over the checks to two voters, but was rejected by state courts.

Musk’s attorneys argued in legal filings in 2025 that Musk was exercising his free speech rights with the giveaways and any attempt to restrict that would violate both the Wisconsin and U.S. constitutions.

The payments are “intended to generate a grassroots movement in opposition to activist judges, not to expressly advocate for or against any candidate,” Musk’s attorneys argued in court filings.

Musk’s political action committee used a nearly identical tactic before the 2024 presidential election, offering to pay $1 million a day to voters in Wisconsin and six other battleground states who signed a petition supporting the First and Second amendments. A judge in Pennsylvania said prosecutors failed to show the effort was an illegal lottery and allowed it to continue through Election Day.