The attorney general's lawsuit, originally filed in circuit court, said it was trying to stop Musk and America PAC from violating an election bribery law.
Kaul petitioned to the Wisconsin Court of Appeals after he said the circuit court would not hear his motion for a temporary restraining order to stop Musk's election-related million dollar prize giveaway before it is scheduled to be distributed at the billionaire's Green Bay town hall on Sunday.
In a decision issued on Saturday, the Madison-based state appeals court judges said they did not have jurisdiction to to require or stop any of Musk's or America PAC's actions.
"The petition fails to show that the Attorney General is entitled to any form of relief that this court is permitted to provide," the decision said.
The judges also said the petition did not adequately show that the circuit court had a responsibility to move forward with Kaul's motion for a restraining order to stop the giveaway before the Sunday event. They said the petition did not detail the circuit court's refusal or reasoning.
The decision stated "the petitioner has not shown that the circuit court had a plain duty to proceed on the Attorney General’s motion for a restraining order before Sunday, March 30, 2025."