Wisconsin’s attorney general is seeking to stop Elon Musk from giving away $2m (£1.5m) to two voters ahead of the state’s supreme court election.
In a lawsuit, attorney general Josh Kaul called the offer an “egregious attempt to buy votes” and alleged the tech billionaire and his political action committee violated Wisconsin election laws.
The 1 April election, which has drawn national attention, will determine whether Wisconsin’s highest court will have a liberal or conservative majority.
On 27 March, Mr Musk posted on X that he would give a talk in Wisconsin on Sunday and “personally hand over two checks for a million dollars each in appreciation for you taking the time to vote”.
Mr Musk, a top adviser to US President Donald Trump, clarified in a tweet the next day that he would give cheques to two people “to be spokesmen” for a petition being promoted by his political action committee, America PAC.
The petition asks voters to reject “activist judges”.
Its page promises Wisconsin voters $100 for signing the petition, and an additional $100 for referring another person to sign.
America PAC posted on Thursday that a man named Scott Ainsworth from Green Bay, Wisconsin was the first “$1 Million spokesperson for signing our petition”.
A video posted by the PAC showed Mr Ainsworth seated next to a large cheque decorated with an American flag design, encouraging others to sign.
America PAC did not immediately respond to a request for comment.
Kaul, a Democrat, said his office was “committed to ensuring that elections in Wisconsin are safe, secure, free, and fair”.
With the retirement of a liberal justice on the court, the newly open seat will determine whether the court leans towards liberals or conservatives, potentially shaping state laws for years to come.
The race is seen as a national bellwether for the strength of Trump’s Republican Party and agenda, and has drawn record-breaking fundraising and national political figures to Wisconsin.
The race is between Dane County Circuit Judge Susan Crawford, who is backed by Democrats, and Waukesha County Judge Brad Schimel, who has the support of Republicans.
Trump and Mr Musk have consistently endorsed Schimel on their social media accounts.
Mr Musk will give a talk in the state on Sunday.
He said on X that “entrance is limited to those who have signed the petition in opposition to activist judges”.
The Brennan Center for Justice, a liberal-leaning judicial think tank, estimated that a record-setting $81m had been raised in total for the Wisconsin race.
This is not the first time Mr Musk has drawn legal scrutiny during an election.
During the 2024 presidential campaign, Mr Musk, who was backing Trump, pledged to give away $1m each day to a registered voter in key swing states that would determine the outcome of the election.
Winners were to be drawn lottery style from a list of individuals who signed a petition with America PAC.
The US Department of Justice, under former President Joe Biden, sent Mr Musk a letter warning him that the contest may violate federal election laws.