'They should arrest him': Experts say Elon Musk's 'bribe scheme' violates Wisconsin laws

Tech billionaire Elon Musk took to X on Thursday to tell Wisconsinites that he would be handing out million-dollar checks at an event to those who voted early in the state Supreme Court election scheduled for April 1. That post has since been deleted, as legal analysts discussed whether or not it breaks Wisconsin election law.

"On Sunday night, I will give a talk in Wisconsin," Musk wrote at 9:57 p.m. EST on March 27, according to screen captures. "Entrance is limited to those who have voted in the Supreme Court election. I will also personally hand over two checks for a million dollars each in appreciation for you taking the time to vote. This is super important."

"There's an election bribery law in WI that is directly on point," commented lawyer Akiva M. Cohen.

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UCLA School of Law Professor Rick Hasen agreed, writing for the Election Law Blog, that because the state Supreme Court race is a state race and not a federal one, the local Wisconsin laws apply.

"Wisconsin law makes payment for turnout illegal. In particular, under section 12.11(1m)(a)(2), it is a crime to 'offer[]…anything of value…to…any elector…in order to induce any elector to: (a) Vote or refrain from voting,'" he cited. "This is separate and apart from a prohibition on voting or refraining to vote 'for or against any particular person.' (Thanks to Nate Ela for the pointer.)"

Hasen confessed, "I haven’t yet researched Wisconsin caselaw applying the provision. But Musk’s activities appear to violate the plain meaning of the statute. He’s offering a chance to win a million dollars, [which] is a thing of value, and it’s only offered to people who have voted. One might say he’s not inducing people, but instead rewarding them. I don’t think this helps, because the statute likely covers rewarding as well—think of people who decide to vote in order to attend the talk for the lottery chance to win a million dollars."

Ari Berman, national voting rights correspondent for Mother Jones, said that these million-dollar giveaways are happening "at the same time Tesla [is] suing Wisconsin."

Historian and Princeton Professor Kevin M. Kruse called it "a bribe scheme" and suggested, "They should arrest him when he" hands out the checks.

"Seriously -- he's broadcasting plans to violate state and federal election laws, in support of his quest to sway a state Supreme Court election. Arrest him. Yes, even though he's really rich. Arrest him," he later added.

"Speaking as someone who was deeply involved in the effort to show that actions in 2024 violated PA state criminal laws against operating an illegal lottery, let me say that I agree that what’s happening in WI now warrants intense scrutiny," appellate lawyer Matthew Stiegler said on Blue Sky.

Lawyer Aaron Parnas observed Musk deleted the X post as of Friday afternoon. He noted it "quickly went viral—seen by over 19 million users—before being quietly deleted without explanation."

However, one X post is still active. On March 28 at 3:36 a.m. EST, Musk cheered, "Congratulations, Scott Ainsworth of Green Bay!" He was sharing a photo from his PAC announcing the man was "the first $1 Million spokesperson for signing our Petition In Opposition To Activist Judges."

In that campaign, Musk required Wisconsin residents to sign a petition reading, "Judges should interpret laws as written, not rewrite them to fit their personal or political agendas."

The petition has a large banner reading "Special Offer For Wisconsin Registered Voters." It promises, "Sign this petition and get $100. Refer a petition signer and get $100. Offer valid from time of posting through 11:59 PM on 4/1/2025. To be eligible, both the referrer and the petition signer must be registered voters of Wisconsin."

Paying someone to sign a petition is not the same as paying them to vote, however.