Tech billionaire Elon Musk’s plan to give away $1 million each day to registered voters in battleground states is drawing scrutiny from legal experts, who suggest the initiative may violate election laws. Musk made the announcement on Saturday while campaigning for former President Donald Trump in Harrisburg, Pennsylvania, raising questions about the legality of offering financial incentives to voters.
Musk, who owns X (formerly Twitter) and serves as Tesla’s CEO, told the audience at the event that the giveaway aims to boost support for a petition launched by his political action committee. The petition affirms support for the First and Second Amendments—rights to free speech and to bear arms. The program, as Musk described, targets registered voters in key battleground states such as Pennsylvania, Georgia, Nevada, Arizona, Michigan, Wisconsin, and North Carolina.
“We want to try to get over a million, maybe 2 million voters in the battleground states to sign the petition in support of the First and Second Amendment. We are going to be awarding $1 million randomly to people who have signed the petition, every day, from now until the election” Musk said.
The billionaire’s announcement quickly drew criticism from election law experts who believe the scheme could breach federal laws prohibiting payments for voter registration. Derek Muller, an election law expert from Notre Dame Law School, highlighted the potential legal risks.
“When you start limiting prizes or giveaways to only registered voters or only people who have voted, that’s where bribery concerns arise,” Muller explained.
He added, “By limiting a giveaway only to registered voters, it looks like you’re giving cash for voter registration.”
Federal law states that offering money in exchange for voter registration or voting is illegal, carrying potential penalties of up to five years in prison. According to Muller, even though most states criminalize paying people to vote rather than to register, the issue of inducement remains problematic. He noted that while prosecutions in such cases are rare, the offer could still be seen as a violation if it encourages new registrations.
David Becker, a former Justice Department official and founder of the nonpartisan Center for Election Innovation & Research, also criticized Musk’s actions.
“This isn’t a particularly close case — this is exactly what the statute was designed to criminalize,” Becker stated.
He emphasized that the cash prizes being offered exclusively to voters in swing states show an apparent intent to influence the outcome of the presidential election. Becker pointed out that the timing of the announcement, coming shortly before some voter registration deadlines, further supports concerns that the offer aims to boost registration.
Michigan Secretary of State Jocelyn Benson joined the chorus of criticism, condemning Musk’s efforts.
She accused him of “spreading dangerous disinformation” after he falsely claimed there were more voters than citizens in Michigan.
In response, Musk’s team has yet to address the specific legal concerns but has continued to promote the initiative.
Musk handed out the first million-dollar prize to a Trump supporter during the Harrisburg event, presenting a giant check and telling the recipient, “So anyway, you’re welcome.”
A second winner was announced the following day in Pittsburgh, with Musk presenting another check during a campaign event adorned with signs urging people to “VOTE EARLY.”
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In an interview on NBC’s Meet the Press, Pennsylvania Governor Josh Shapiro, a Democrat, expressed alarm over the giveaway. He called it “deeply concerning” and suggested it might warrant law enforcement scrutiny.
“This is something that law enforcement could take a look at,” Shapiro said, referencing his experience as the state’s former attorney general.
Meanwhile, Rick Hasen, an election law expert at UCLA School of Law, labeled the initiative as “clearly illegal vote-buying” in a blog post. He pointed to the Justice Department’s election crimes manual, which states that offering lottery chances or prizes to induce actions like voter registration is unlawful.
Musk’s initiative has also faced backlash for its timing and scope. Critics argue that targeting voters in crucial swing states during a close presidential race gives the appearance of an effort to sway the election outcome. Despite the legal and political backlash, Musk has continued to defend his actions as part of an effort to engage more voters in the political process.