MADISON, Wis. (AP) 鈥� A unanimous Wisconsin Supreme Court on Sunday refused to hear a last-minute attempt by the state's Democratic attorney general to stop billionaire to two voters, a ruling that came just minutes before the planned start of the rally.
Two lower courts had already by Democrat Josh Kaul, who argues that Musk's offer violates a state law. 鈥淲isconsin law prohibits offering anything of value to induce anyone to vote,鈥� Kaul argued in his filing. 鈥淵et, Elon Musk did just that.鈥�
But the state Supreme Court, which is currently controlled 4-3 by liberal justices, declined to take the case as an original action.
Musk鈥檚 attorneys argued in filings with the court 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 鈥渋ntended to generate a grassroots movement in opposition to activist judges, not to expressly advocate for or against any candidate,鈥� Musk鈥檚 attorneys argued in court filings.
Wisconsin鈥檚 tightly contested Supreme Court election, where ideological control of the court is at stake, is on Tuesday. Liberals currently hold a 4-3 majority.
The court's four liberal justices have endorsed Dane County Judge Susan Crawford, the Democratic-backed candidate.
Musk鈥檚 attorneys, about four hours before the rally was to begin, asked that two liberal justices who have campaigned for Crawford 鈥� Jill Karofsky and Rebecca Dallet 鈥� recuse themselves from the case. His attorneys argued their work for Crawford creates 鈥渢he specter of inappropriate bias.鈥� If they did recuse, that would leave the court with a 3-2 conservative majority.
Both justices rejected the request and said they would spell out their reasons why at a later date.
One of the court's conservative justices has endorsed Waukesha County Judge Brad Schimel, who also has the backing of Trump and Musk. Schimel wore a 鈥淢ake America Great Again" hat while campaigning Sunday.
At the rally scheduled in Green Bay for 7:30 p.m. EST, Musk promised to hand over a pair of $1 million checks to voters who signed an online petition against 鈥渁ctivist鈥� judges. Musk and groups he supports have spent more than $20 million to help Schimel get elected.
Schimel said in a national television interview that he does not control 鈥渁ny of the spending from any outside group, whether it鈥檚 Elon Musk or anyone else鈥� and that all Trump asked was whether he would 鈥渞eject activist judges" and follow the law.
鈥淭hat鈥檚 exactly what I鈥檝e committed to anybody, whether it鈥檚 President Trump, Elon Musk or any donors and donors or supporters or voters in Wisconsin. That鈥檚 my commitment,鈥� Schimel told 鈥淔ox News Sunday.鈥�
Schimel has not said whether he would attend the rally.
Crawford's campaign declined comment on Kaul's legal filing.
The contest has shattered national spending records for a judicial election, with more than $81 million in spending.
Musk鈥檚 political action committee used before the presidential election last year, $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 the effort was an illegal lottery and allowed it to continue through Election Day.
Musk on Friday initially said in a post on his social media platform, X, that he planned to 鈥減ersonally hand over鈥� $2 million to a pair of voters who have in the race.
Musk later posted a clarification, saying the money would go to people who will be 鈥渟pokesmen鈥� for an online petition against 鈥渁ctivist鈥� judges. After first saying the event would only be open to people who had voted in the Supreme Court race, he said attendance would be limited to those who have signed the petition.
Also on Friday, Musk鈥檚 political action committee identified the recipient of its first $1 million giveaway 鈥� a Green Bay man who had donated to the Wisconsin GOP and the conservative candidate in the court race, and who has a history of posting support for Trump and his agenda.
The judicial election comes as Wisconsin's highest court is expected to rule on , , and voting rules that could affect the 2026 midterms and the 2028 presidential election in the state.
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Associated Press writer Gary Fields in Washington contributed to this report.
Scott Bauer, The Associated Press
