Wisconsin Supreme Court denies Kaul emergency petition seeking to block Elon Musk's $1 million payments

CBS 58

MADISON, Wis. (CBS 58) -- The Wisconsin Supreme Court has denied an 11th hour push from Attorney General Josh Kaul seeking a court order that would have blocked Elon Musk from giving $1 million checks to two people at an event he's hosting in Green Bay Sunday night.

The court issued a unanimous ruling blocking Kaul's last-minute push to keep Musk from proceeding with the giveaway at his planned Green Bay town hall.

Kaul filed the emergency motion Sunday morning. This new challenge came after two lower courts already rejected a legal challenge by the Democratic AG, who argues that Musk’s offer violates a state law prohibiting giving anything of value in exchange for a vote.

The court denied Kaul's requests for an original action, meaning the Supreme Court would allow his case to skip lower courts. It also denied the temporary relief Kaul sought. The order issued by the court Sunday evening did not include an explanation for why it was denying Kaul's emergency motion.

Musk's lawyers had filed requests earlier in the day for two of the court's four progressive justices, Rebecca Dallet and Jill Karofsky, to recuse themselves from the case. Dallet and Karofsky both cited "time constraints" in decisions outlining why they were not recusing.

Wisconsin’s attorney general asks the state Supreme Court to stop Musk’s $1 million payments.

In the emergency petition, Kaul argues even though Musk deleted his original offer, he "cannot unring the bell." Musk's initial post to his social media platform, X, went up late Thursday night and pledged to give $1 million checks to two people who attend his Green Bay event and have voted in the state Supreme Court race. 

Elon Musk's lawyer now calling for Jill Karofsky and Rebecca Dallet to recuse themselves from AG Kaul's emergency motion.

Musk subsequently deleted the post Friday and put up a new post that "clarified" the offer is meant for people who sign a petition he's circulating stating opposition to "activist judges."

Kaul and state Department of Justice lawyers argued the court needed to immediately intervene or else Musk's payments would taint the election.

"If this Court does not take prompt action, and the prizes are awarded," the filing read. "The injury to public confidence in the validity of this election cannot be undone."

Musk is set to hold a town hall at 6:30 p.m. Sunday at the KI Convention Center in Green Bay. As of Saturday, Brad Schimel, the Republican-backed candidate in the race, has said he wouldn't be attending the event as he wasn't invited.

A release from campaign says Schimel will instead hold rallies Sunday evening with Republican National Committee Chair Michael Whatley in Outagamie and Fond du Lac counties.

Democratic-backed candidate Susan Crawford’s campaign has declined to comment on Kaul’s legal filing. State Sen. Kelda Roys (D-Madison) posted on X Sunday she believed a court order is insufficient, calling for Musk to be arrested and prosecuted for the initial offer.

In two days, Crawford and Schimel will face off for a seat on the Wisconsin Supreme Court. Control of the court is at stake as progressive justices hold a 4-3 majority, and this election will determine who replaces Ann Walsh Bradley, one of the progressive justices.

The makeup of the court could determine the future of Act 10, which limited most public workers' bargaining rights, Wisconsin's 1849 near-total abortion ban and possibly the state's congressional voting maps. 

High stakes WI Supreme Court race heats up days before the election


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