Experts have warned that Elon Musk’s daily giveaway ot $1million to registered voters in key swing states could be breaking the law.
The Tesla CEO and world’s richest man recently announced that everyday until the presidential election, on November 5, he would giveaway a large cash sum to a random registered voter from seven swing states who have signed his America PAC petition in support of the first and second amendment.
Two residents in Pennsylvania, a swing state that will likely decide the upcoming election, were the first recipients over the weekend.
However an election law expert has now joined a cacophony of voices describing the move unethical or even potentially illegal.
Speaking to CNN Derek Muller, who teaches at Notre Dame Law School, said: ‘When you start limiting prizes or giveaways to only registered voters or only people who have voted, that’s where bribery concerns arise.’
Mr Muller warned that by limiting the giveaway to only registered voters it appears as though Musk is handing out cash for voter registration.
The CNN contributor added that offering free money to already registered voters before the prize draw was announced would violate federal law.
However he described the offer to people not yet registered was ‘far more problematic’ because it could be seen as a potential persuasion to register.
Mr Muller said that most states only criminalise paying people to vote and that it was rare for prosecutors to pursue cases of election bribery especially since the Supreme Court continued to narrow its scope of bribery statutes.
Former the Justice Department official handling voting rights cases David Becker has criticized Musk’s giveaway further by claiming it is ‘strong evidence’ the billionaire is trying to influence the race by only offering the incentive in seven swing states.
He said: ‘This isn’t a particularly close case this is exactly what the statute was designed to criminalize.’
The founder of the nonpartisan Center for Election Innovation & Research added that because the offer was made only a few days before some voter registration deadlines- with registration having closed two days ago in swing states such as Pennsylvania – it gives the appearance that the cash prizes are to drive up voter sign up.
The intervention from Mr Muller and Mr Becker comes as senior Democrats also voiced their concern about Musk’s giveaway.
Josh Shapiro, the Governor of Pennsylvania told Meet the Press: ‘There are real questions with how he is spending money in this race, how the dark money is flowing.
‘I think it’s something that law enforcement could take a look at…it does raise some serious questions.’
Musk launched the incentive at a Harrisburg, Pennsylvania, town hall on Saturday night as the crowd cheered at the opportunity to become millionaires.
‘We are going to be awarding $1million randomly to people who have signed the petition everyday from now until the election,’ Musk said in front of an American flag backdrop.
Pennsylvania man John Dreher was the very first petition signer to become a Musk-made millionaire.
Musk held an oversized check as he called Dreher to redeem his award. He excitedly ran to the stage, fist bumping the air and waving a ‘vote early PA’ sign.
Dreher said: ‘Thanks Elon, this is great. I’m really ecstatic.
‘I’ve been following you for 10 years, got your biography 10 years ago and been watching ever since. I’m a big fan.’
Kristine Fishell was the second winner. In a video posted from X Fishell said: ‘She signed the petition and took the time to vote early and I think everyone should too.
‘Hearing my name called was the surprise of a lifetime.’
But not everyone was as thrilled with Musk as Dreher of Fishell was.
‘If Elon Musk giving away million-dollar checks for votes doesn’t get the attention of the DOJ and FEC, I f****** give up,’ Jim Stewartson, a podcast host and political writer, wrote on X.
‘How is this legal? Straight up bribery,’ said a user – whose bio is ‘raised republican, voted republican, now supporting Harris.’
One user expressed deep concern: ‘You destroy the rule of law if you let billionaires buy votes. Elon Musk does not need the rule of law, he can just buy political influence.
‘He can just buy Trump. The rule of law is for people who cannot buy politicians.’
Other users expressed approval and praise of Musk and his methods of gaining support.
Others called Musk ‘desperate’ and ‘less and less relevant’ each time he makes a new announcement.
Several people echoed this confusion over how Musk is allowed to use money to sway people’s political actions.
Another pro-Harris account wrote: ‘The ultimate “Billionaire Buying Election”. It oughta be illegal, right? Hello Department of Justice?’
‘Elon’s playing chess while everyone else is stuck on checkers. Putting $1M into the hands of everyday people while shaking up the system is genius,’ political author John Eid wrote.
Legion Health co-founder Arthur MacWaters wrote: ‘That’s insane. What a wild level of “all in” But in retrospect it will seem like a small price to pay to preserve free speech, free elections and the rule of law.’
Under a post about Musk’s announcement, Republican candidate Donald Trump chimed in to applaud the SpaceX mogul.
He wrote: ‘This is a game changer! Elon’s making waves with this initiative. Can’t wait to see who wins that $1 million! Let’s keep pushing for free speech!’
Musk has been active fundraiser and Trump supporter. He is the sole donor of his pro-Trump political group America PAC, which was founded in July.
He gave $75 million to the group in just three months.
The PAC’s ‘Petition in Favor of Free Speech and the Right to Bear Arms’ states: ‘The First and Second Amendments guarantee freedom of speech and the right to bear arms.’
Musk’s goal with was to target swing state voters.
It reads: ‘Our goal is to get 1 million registered voters in swing states to sign in support of the Constitution, especially freedom of speech and the right to bear arms.’
At Saturday’s town hall, Musk explained his reasoning for the petition.
He said: ‘One of the challenges we’re having is, well how do we get people to know about this petition?’
Musk asserted media outlets ‘won’t report’ on what he is doing, so he decided adding a money into the mix would make it undeniably attention-grabbing.
The X CEO vowed on Thursday to give $100 to each Pennsylvania registered voter who signed. Pennsylvania voters can also earn $100 per voter they refer to the petition.
Musk offered a financial motive to other swing states as well. Signers in Georgia, Nevada, Arizona, Michigan, Wisconsin and North Carolina can earn $47 for each registered voter they refer to the document.
Votes from the seven battleground states can determine the November 5 election’s outcome.
So far, Democratic candidate Kamala Harris has surged ahead of Trump in early vote ballots.
Democrats have been outpacing Republicans when it comes to showing up to vote early or casting absentee ballots.