Tech entrepreneur Elon Musk provided a $1 million check to a member of the audience at a gathering in Harrisburg, Pennsylvania, during an event where he was supporting former President Donald Trump. Musk announced that he plans to continue this initiative by giving the same prize to one random voter each day until the Presidential election on November 5th. This action could potentially violate US election laws.
Eligibility for this sweepstakes-style offer is limited to those who have signed a petition from Musk’s America Political Action Committee and are registered voters. Musk plans to initially award $1 million to an individual in Pittsburgh today, with future expansions targeting swing states such as Georgia, Nevada, and Arizona.
Rick Hasen, a professor of political science at UCLA, expressed concerns over the legality of these prizes on his Election Law Blog. He referred to 52 USC 10307 (c), which prohibits offering payments for voter registration or voting, with penalties including a fine of $10,000 or up to five years in prison. The initiative also includes incentives for signing the petition and encouraging others to do the same, raising further legal concerns.
Pennsylvania Governor Josh Shapiro commented on the matter during an appearance on Meet the Press, describing the situation as “deeply concerning.” Although he refrained from labeling the actions as illegal, he suggested that law enforcement should investigate.
Rick Hasen also mentioned to NBC News that the restriction of the petition to registered voters could be a decisive factor. Federal authorities have the option to prosecute Musk or issue a warning to halt the initiative. The US Department of Justice would need to formally charge Musk with a legal violation in federal court, while a federal agency or private entity could file a civil lawsuit.
These proceedings may take time, and Musk might be anticipating that Trump, known for pardoning his allies and unlikely to let the Department of Justice act against a significant donor, will win the presidential election, rendering legal issues moot. Even if Trump does not win, Musk has a history of challenging regulations with minimal repercussions in the US. However, it is uncertain how beneficial Musk’s offer will be for Trump’s campaign, especially considering potential challenges in the candidate’s traditional campaign strategies.
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