Prosecutor Declines to Bring Election Bribery Charges

Elon Musk will not face charges for promising to give $1 million to voters in the 2025 Wisconsin Supreme Court election, a state prosecutor announced Tuesday. La Crosse County District Attorney Tim Gruenke, a Democrat who was appointed as a special prosecutor in the matter, said he did not believe a jury would find that Musk's actions constituted election bribery.

In a statement, Gruenke said: "Either way the first post is perceived, in the end nobody was paid anything of value for voting or promising to vote." He further explained: "Even if I could convince a jury that the original post was still a bribe, I do not believe that a jury would convict Elon Musk of a crime after considering the intent, the second post, and the fact nothing of value was ever given to anyone for voting for an incident occurring in March of 2025."

Gruenke described the situation as "a simple case of a poorly worded statement that was corrected and brought into compliance with the law." He did not dispute the contents of two social media posts but questioned their interpretation and intent, suggesting the first post could be viewed either as a lottery or as free entry to an event.

Background and Referrals

The decision comes after the bipartisan Wisconsin Elections Commission in July referred two complaints to the Brown County district attorney's office for possible charges, stating that Musk likely broke the law. The commission's referrals cited two social media posts Musk made ahead of his visit to Green Bay in March 2025.

The first post, made on the night of March 27, 2025, announced that Musk would speak in Wisconsin and that entrance would be limited "to those who have voted in the Supreme Court Election," adding that he would "personally hand over two checks for a million dollars each in appreciation for you taking the time to vote." The first post gains were later deleted, and Musk replaced it with a second post stating: "To clarify a previous post, entrance is limited to those who have signed the petition in opposition to activist judges. I will also hand over checks for a million dollars to 2 people to be spokesmen for the petition."

Some lawyers and Wisconsin Democrats have previously suggested that Musk's posts violated election laws, and several days before the planned payments, Wisconsin Attorney General Josh Kaul asked the state Supreme Court to block the payments. The court declined. Musk's attorneys argued in 2025 legal filings that he was exercising his free speech rights with the giveaways and that any restriction would violate the Wisconsin and U.S. constitutions.

Context of the 2025 Election

Musk, the founder of SpaceX and CEO of Tesla, was deeply involved in the effort to flip majority control of the Wisconsin Supreme Court, which was a key battleground election. He and other groups he supported spent at least $20 million backing Republican nominee Brad Schimel, who lost to Democratic-supported candidate Susan Crawford by 10 percentage points. Crawford's victory preserved the liberal majority on the court.

Spending on the race topped $100 million, making it the most expensive judicial election in U.S. history. The election took place in April 2025, and the commission's referrals came in July.

No Comment from Musk's Representatives

Musk's representatives have not responded to requests for comment on the decision not to charge him or on the underlying allegations.

After the event in Green Bay, Musk's America PAC announced Scott Ainsworth of Green Bay as the first recipient of a $1 million check for signing Musk's petition. The PAC published a video highlighting Ainsworth's support of Schlimel.