General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCould someone here explain why the Wisconsin SC
Refused to do their job?

dchill
(41,804 posts)MLAA
(19,055 posts)bluestarone
(19,350 posts)That's only for TSF. This is state law from what i'm understanding?
MLAA
(19,055 posts)bluestarone
(19,350 posts)
in2herbs
(3,627 posts)because of his financial bribes to voters and also that Loon can be arrested on those charges.
Let's hope the WI AG is ready and willing to pursue this route.
bluestarone
(19,350 posts)
orleans
(35,841 posts)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".
https://www.bbc.com/news/articles/c8x4xd849eqo
bluestarone
(19,350 posts)
orleans
(35,841 posts)there was something like that
Ms. Toad
(36,464 posts)before an action takes place.
The standard for a court stepping in and issuing an injunction (which is what was sought, in this case to prevent Musk from handing out $1 million dollar checks) is generally to prevent irreparable harm. The general way I told my students studying for the bar exam to think about it - if you can throw money at it and fix it, it generally isn't irreparable harm. It's a pretty tough standard to meet. Here, the court (after the fact) could force the recipients to return the money to Musk. Especially since he only momentarily framed the payments as payments for voting (rather than for signing a petition), even if the court decided that what he was doing would do irreparable harm, paying for someone to sign a petition (or to act as a spokesperson for the PAC - his final framing) doesn't obviously violate a statute barring paying someone to vote. So there's a double hurdle.
The lower court declined to issue an injunction, as did the appellate court. In state court systems (and I believe Wisconsin operates this way), that is generally the end of the line unless the Supreme Court chooses to take an appeal from the appellate courts. They generally don't, unless there is a split in the circuit, or they really really think the Appellate Court got it wrong.
And here, apparently, the AG didn't even frame as an appeal - but as an original jurisdiction action. Generally the highest court in any jurisdiction (state, federal) rarely rarely takes the first stab at something (that's what original jurisdiction means - that they aren't reviewing a decision someone else made, they are deciding it on their own from scratch).
So it isn't that they refused to do their job. It is that people looking at, especially people looking at it who don't understand how courts work, don't like the outcome.
If the AG still believes that Musk violated the law - now that the action is complete he can be charged with an actual violation of the statute.
bluestarone
(19,350 posts)I believe he DID hand out the money, so do you think he will file a charge against MUSK?
Ms. Toad
(36,464 posts)The money was theoretically handed out to people who signed a petition, and as a payment for being spokespeople (although I haven't heard any specific details of what that means). After he changed the xeet, it was harder to tie it to the ban on vote buying.
It was probably worth a shot to try to stop it in advance (both for the publicity, and the slight possibility it would be granted). I'm not sure what would be gained after the fact. And the risk is that the courts would be ruling on a weak factual case - so the weak case might end up creating bad law that would make it harder to prosecute future, clearer cases. (The prior application for an injunction didn't risk making bad law because the factor for an injunction is likelihood of success on the merits. So it was still just theoretical, and won't create bad law that binds other cases.)