An artistic rendering of Elon Musk’s rally in Green Bay on Sunday…

THE LEAD: Elon Musk handed out two $1 million checks Sunday as part of his efforts to rally voters for Brad Schimel in the Wisconsin State Supreme Court race.

Musk apparently decided that dumping $20 million in ad money into my home state’s Supreme Court Election wasn’t doing enough, so he decided to start handing out money to potential voters like it was parade candy.

Aside from offering people $100 each to sign a petition against “activist judges” (a thinly veiled swipe at the Democrat-backed candidate Susan Crawford), he took it a step further in offering the big cash prizes to a couple Wisconsin voters.

State AG Josh Kaul filed suit in an attempt to block this move, even as Musk was reshaping his offer:

Kaul is asking a Madison-based state appeals court to issue an order barring Musk from handing out $1 million checks to voters ahead of a planned Sunday event in Green Bay. The Democratic Attorney General first sought the ruling from a Columbia County judge who declined to act before Sunday, according to Kaul.

In a since-deleted post on X, Musk said he would hold an event Sunday in Wisconsin and hand out $1 million checks to voters “in appreciation for you taking the time to vote.”

But after election experts and Democrats raised questions about whether the offer violated the state’s election bribery laws, Musk deleted the post and said he would instead be handing over the checks to two people who would serve as spokespeople for his “Petition In Opposition To Activist Judges.” The new post also no longer said attendance would be limited “to those who have voted in the Supreme Court election,” as the original post had stated.

The appeals court rejected Kaul’s efforts on Saturday, noting that he hadn’t fully supported his application properly, so the judges denied his request. The Supreme Court also shot down his request.

BASIC BACKGROUND ON THE RACE: If you live outside of Wisconsin and have a limited interest in politics, you probably never heard of Susan Crawford or Brad Schimel. If you live in the state of Wisconsin, you probably know their names better than you know the name of your current pets.

(It’s also likely that you think all the Supreme Court will do is rule on when to set pedophiles free, given that seemed to be the gist of every attack ad on both sides of this.)

Like most court races, the Wisconsin Supreme Court election is supposed to be a non-partisan affair. As has become the case everywhere, that’s not entirely true, as both Republicans and Democrats basically pick sides and pour time, effort and cash into getting a candidate more to their liking onto the court.

Unlike most other statewide races in the country, people all over the place have taken a vested interest in whether Crawford or Schimel wins. According to a Milwaukee Journal-Sentinel analysis, people from all 50 states have dumped a record amount of cash into this election. The Brennan Center reported last week that the two campaigns and outside groups have spent more than $73 million on the race, which doesn’t account for whatever was spent since March 24.

The main reason is that whoever ends up winning will tilt the “non-partisan” court 4-3 toward a more liberal or more conservative side of the spectrum. With questions about gerrymandered state maps, women’s rights to bodily autonomy, state workers’ union rights, gun regulations and more likely coming down the road to the Supreme Seven, this race is seen as a really big deal for Wisconsin and beyond.

BASIC BACKGROUND ON FINANCIAL SPEECH AND ELECTIONS: In 2010, the U.S. Supreme Court voted 5-4 in the Citizens United v. the Federal Election Commission case that outside interest groups could spend as much money as they wanted to influence the outcome of elections via messaging of all kinds.

According to the Brennan Center, this led to the creation of giant “Super PACs” (political action committees) that wealthy interests could use basically steer election outcomes:

In other words, super PACs are not bound by spending limits on what they can collect or spend. Additionally, super PACs are required to disclose their donors, but those donors can include dark money groups, which make the original source of the donations unclear. And while super PACs are technically prohibited from working directly with candidates, weak rules that are supposed to enforce this separation have often proven ineffective.

The court in the Citizens United decision did note, however, that the law could limit money in politics if it was clear that the money was being used in a form of outright bribery, or  “quid pro quo corruption.” So, in short, Rich Dude/Dudette X can drop $500 billion into ads, mailers, events, social media posts and people wearing sandwich boards promoting a candidate for the Omro Dog Catcher Election, but they can’t hand $100 bills to voters outside a polling place for the purpose of buying their votes.

THE SMELL OF MUSK: Elon’s offers are clearly outside of the norm of what we’ve seen in politics to date (at least in recent years). To be fair, he’s giving out cash to people who sign a pledge that has no legally binding requirements and isn’t capable of creating any legally binding action if he reaches a certain number of signatures. In fact, people could take his money, use it to print up a boat load of Susan Crawford lawn signs and move on if they chose.

He also initially tried to skirt the rules meant to tamp down on bribery by making the two $1 million offers a kind of Publishers Clearinghouse Giveaway of sorts. His offer this time was for those folks who helped get the signature, which again, have no actual value in the broader sense of this election, so offering money for them is kind of like when the tooth fairy would pony up cash for your baby incisors.

What becomes a concern here is the psychological impact of reinforcing desired behaviors. The approach Musk is taking to get people to lean toward his liking is like Pavlov’s dogs, Skinner’s pigeons and Bandura’s bobo dolls all in one. Although the law has outlined strict rules for what is and isn’t bribery, psychological researchers have found the line between bribery and reinforcement to be a little fuzzier.

DISCUSSION STARTER: Where do you stand when it comes to the ideas outlined in the articles linked throughout here, particularly as they relate to the offering of money to complete a task like the petition Musk wanted people to sign? Is this a harmless stunt, a bribery attempt to undermine electoral legitimacy or something in between? Explain what you think and why and see if anyone can change your mind.