The La Crosse County DA has declined to charge Elon Musk with election bribery for his offer to hand out two $1 million checks during Wisconsin’s 2025 state Supreme Court race, believing a jury likely wouldn’t convict him of the charge.

DA Tim Gruenke, who was appointed special prosecutor in the case, noted in a letter today that while Musk’s X account originally offered to award the checks during a rally that was limited to people who have voted, he quickly clarified the offer. In a follow-up post, Musk said entrance to the rally was limited to those who signed a petition opposing activist judges.

While the first post could be seen as an offer that someone could win a lottery for voting, in the end “nobody was paid anything of value for voting or promising to vote.”

The state Elections Commission originally voted 5-1 to refer the case to the Brown County DA since the 2025 rally was in Green Bay. That prosecutor cited a conflict of interest in moving the case to Gruenke, an elected Dem.