Wisconsin Attorney General Josh Kaul (D) on Sunday asked the state’s top court to block Elon Musk from giving away $1 million checks at his town hall later in the day, which he is holding in advance of Wisconsin’s critical state supreme court race this week.
Filed just hours before the Green Bay, Wis., event is set to kick off, Kaul’s appeal comes after lower courts declined to block the giveaways as an illegal bribe to voters.
"An immediate injunction is the only adequate remedy in this case; no other remedy will prevent the illegal payments from occurring this evening,” Kaul’s office wrote in the Sunday filing.
Liberals hold a 4-3 majority at the Wisconsin Supreme Court, and Tuesday’s contest between conservative Judge Brad Schimel and liberal Judge Susan Crawford will determine which wing controls the court moving forward.
Musk and his America PAC have poured millions of dollars into the race in the hopes that Schimel, who is endorsed by President Trump, can emerge victorious. He is one of multiple billionaires who have gotten involved in the race, a list that also includes Democratic megadonor George Soros, and the contest is now one of the most expensive judicial elections in U.S. history.
As part of Musk’s involvement, the Tesla CEO and Trump ally is heading to Wisconsin on Sunday to announce the two $1 million giveaways at a 6:30 p.m. CDT town hall.
Kaul’s sued on Friday but has so far been unsuccessful, including a state appeals court declining to intervene Saturday on procedural grounds.
The new appeal lands at the very court that is hanging in the balance in this week's election. Kaul argues Musk's giveaways violate a Wisconsin law that prohibits offering anything of value in exchange for voting.
Initially, Musk wrote on X that the giveaways are in “appreciation for you taking the time to vote.” He later deleted the post and replaced it with one saying the payments are for the two winners to become spokespeople for America PAC’s petition opposing “activist judges.”
“Attempting to refashion the payments does not absolve Respondents when the original intent of the payment was so clearly to induce electors to vote. Musk cannot unring the bell,” Kaul’s office wrote in the new filing.