Bill seeks to block future $1 million Wisconsin election giveaways

Democratic legislators on April 10 introduced Assembly Bill 227, which would expand Wisconsin’s existing election bribery laws to also prohibit people from making payments to voters in exchange for signing petitions during an election period.

The bill was introduced just nine days after the April 1 election, before which Elon Musk offered the public $100 to sign a petition opposing “activist judges.” At an event just two days before the election, Musk gave two Wisconsin voters $1 million checks. 

Here’s what you need to know: 

Context

Wisconsin law already prohibits election bribery and makes it illegal to offer “anything of value,” including money, to bribe an elector to go to or refrain from going to the polls, vote or refrain from voting, or vote or refrain from voting for or against a particular person.

In a deleted X post from March 27, Musk said $1 million checks would be awarded “in appreciation for you taking the time to vote” in the April 1 election between liberal Judge Susan Crawford and conservative Judge Brad Schimel. Musk followed this up with another X post a day later on March 28 to say the checks would be awarded to two individuals to be “spokesmen for the petition.” 

On March 29, Democratic Wisconsin Attorney General Josh Kaul filed a lawsuit against Musk and the Musk-affiliated America PAC. In the complaint, Kaul requested the court grant a temporary restraining order to stop Musk from promoting the $1 million gifts, calling the giveaway “a blatant attempt to violate Wis. Stat. § 12.11.”

But judges in Columbia County Circuit Court, the Court of Appeals and the Wisconsin Supreme Court refused to hear Kaul’s petition. Columbia County Circuit Court Judge W. Andrew Voight filed a dismissal order April 1, saying Kaul’s complaint lacked two of the four required elements for a temporary restraining order — no alleged irreparable harm and no explanation of why the temporary restraining order was the only possible solution. 

Voight noted at the end of his dismissal that the court did not come to a conclusion as to whether Musk and America PAC’s actions were illegal. 

Musk gave out the $1 million checks to two Wisconsin voters who signed his America PAC petition during a Green Bay rally on March 30. 

The actions on behalf of Musk and America PAC consequently sparked debates regarding the legality and ethics of the petition. 

The bill

In an effort led by Rep. Lee Snodgrass, D-Appleton, the “Petition Payment Prohibition Act” would expand existing election bribery laws to prohibit bribing voters to sign or refrain from signing election nomination papers, recall petitions and other petitions, including in support or opposition of candidates. 

“To be clear, election bribery is already illegal in Wisconsin,” the co-authors wrote in a memo to their legislative colleagues. “However, Musk has attempted to circumvent this law by paying people to sign a petition instead — something not explicitly banned by current law.”

If passed, the bill would prohibit anyone from offering anything of value — exceeding $5 — to influence whether or not someone signs a petition relating to elections. These petitions include those opposing and supporting candidates or referendums, political or social issues, state law, and proposed or potential legislation, according to the bill. 

The prohibition would only be enforced when it relates directly to an election or referendum or if it is circulated during an election period, which the bill defines as the period between Dec. 1 and the spring election or April 15 and the general election. 

Under the bill, it would be illegal to pay someone $100 to sign a petition within an election period that is in support of a state referendum or a candidate.

Election bribery is currently a Class I felony, meaning if the bill passes, violators could face up to three-and-a-half years in prison, a fine as high as $10,000 or both. 

So, what’s next?

So far 34 Democratic lawmakers support the “Petition Payment Prohibition Act,” in addition to Snodgrass. No Republicans have signed on.

The bill has been referred to the Committee on Campaigns and Elections where the Republican who heads the committee could schedule a public hearing and vote. Republicans who control the Legislature could then schedule it for a vote in the full Assembly. An identical version must also pass the Senate. 

If this bill passes, it would be sent to Democratic Gov. Tony Evers, who can either sign or veto it. 

Democratic sponsors said the bill should be bipartisan.

“Candidates and issue groups should use the strength of their message to attract voters to their cause, not cash bribes or promises of financial reward,” the sponsors said in a memo to colleagues. “It is a gross perversion of our democracy and must not be allowed to continue in future elections. Failing to act is a tacit acceptance that our votes are for sale. Rejecting this premise is something members of both parties should be able to agree on.”

This article first appeared on Wisconsin Watch and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.