Wisconsin Panel: Elon Musk Likely Violated Election Bribery Law With $1M Lottery
Wisconsin Elections Commission finds probable cause that Musk violated election bribery laws with $1M lottery.
Why it matters: Election and compliance lawyers should track this case as it clarifies legal limits on monetary incentives in elections, especially involving high-profile figures.
- In October 2024, Musk’s America PAC ran a $1 million daily lottery for voters in seven swing states.
- Wisconsin Elections Commission voted 5-1 that Musk likely violated the state’s election bribery statutes.
- DOJ warned Musk that the giveaway could breach federal laws prohibiting payments tied to voter registration or voting.
- The Commission referred the matter to Brown County District Attorney, who has 40 days to decide on possible charges.
In October 2024, Elon Musk’s America PAC launched a daily $1 million lottery for registered voters who signed a petition supporting the First and Second Amendments in seven battleground states: Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, and Wisconsin. This lottery was scheduled as part of coordinated activities preceding the 2025 Wisconsin Supreme Court election.
The Wisconsin Elections Commission voted 5-1 that probable cause exists to believe Musk violated state election bribery laws by incentivizing voters with cash prizes. The Commission officially referred complaints to the Brown County District Attorney’s office, which now holds 40 days to determine whether to file criminal charges.
Simultaneously, the Department of Justice issued a formal warning to Musk’s PAC. DOJ officials explained that federal laws prohibit payments in exchange for voter registration or voting behavior, making the $1 million lottery potentially unlawful. The agency signals possible civil or criminal enforcement.
Musk’s attorneys argue the payments express free speech and do not aim to materially influence voter decisions. However, election law scholars like Richard Hasen criticize this view, stating, "The idea of selling votes is that it’s going to make people think about voting in a much more material and self-interested way than they otherwise might." The Campaign Legal Center emphasized, "It is illegal to buy votes, it is illegal to buy voter registration," reinforcing the DOJ’s position.
This case sets an important precedent in election law enforcement, clarifying that even indirect monetary incentives linked to voting are scrutinized and potentially subject to prosecution. Legal and compliance professionals should closely monitor developments, as outcomes here may influence how monetary inducements are regulated in future election cycles.
By the numbers:
- $1 million — daily lottery prize offered by America PAC
- 5-1 — Wisconsin Elections Commission vote finding probable cause
- 40 days — period Brown County DA has to consider charges
Yes, but: Musk’s defense focuses on free speech protections, arguing the payments do not legally constitute bribery, which adds complexity to the case.
What's next: The Brown County District Attorney’s decision on charges will come within 40 days of the Commission’s referral, likely shaping next steps in enforcement and legal precedent.