A state appeals court today denied a request from AG Josh Kaul for an order barring Elon Musk and his America PAC from paying two Wisconsin voters $1 million each at a Sunday rally as a reward for casting ballots in the spring race.
Musk dropped his original offer to reward people for voting in the spring election and instead promised $1 million each to two people who signed an America PAC petition opposing “activist judges.” But Kaul sought a court order, arguing Musk and America PAC hadn’t announced the $1 million rewards for voting had been canceled.
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Today’s decision comes after a Columbia County judge declined to hear the request prior to Musk’s Sunday rally in Green Bay. Kaul then filed a similar request for an emergency order with the liberal 4th District Court of Appeals in Madison.
The three-judge appeals court panel noted in today’s decision the court’s jurisdiction is limited when it comes to orders such as the one Kaul sought. That includes deciding whether the circuit court violated its duty by not hearing the case. The only remedy if the circuit court had violated its duty would be to order it to hear the case–something Kaul did not ask for in his petition.
Kaul has the option to appeal to the state Supreme Court, which has a 4-3 liberal majority.
The original suit acknowledged Musk pulled down his original post, but notes “neither Musk nor America PAC have announced that the plan to make two $1 million payments to Wisconsin electors who have voted in the Wisconsin Supreme Court election has been cancelled.”
State law bars offering or promising anything of value in exchange for someone voting.
The suit was originally assigned via random draw to Judge Susan Crawford, who’s running for the state Supreme Court. She recused, and the case was assigned to Dane County Judge David Conway, who has endorsed Crawford’s bid for the Supreme Court. The case was then moved to Columbia County Judge Andrew Voigt, who isn’t listed on either Crawford or conservative Brad Schimel’s endorsement pages as a supporter in the Supreme Court race.
According to DOJ’s filing with the 4th District, Voigt declined to hear the request ahead of Sunday’s event. In the appeal, Kaul argued action by the court was necessary to ensure confidence in the integrity of the election, particularly in light of the media attention on Musk’s offer.
“Without emergency relief from this Court, Respondents will be able to go forward with their illegal plan to pay voters for voting. Relief from this Court must come before Sunday,” the filing argued.Musk’s America PAC posted on X that entrance to his town hall “will be limited to those who have signed the petition in opposition to activist judges.”
Updated March 29, 2025, at 6 p.m. with the appeals court decision.
