Questions have arisen regarding the legality of cash incentives offered by tech billionaire Elon Musk to swing-state voters who sign his petition before the U.S. election on November 5. Is it legal for Musk to give $1 million as part of these incentives?
The petition was launched by Mr. Musk’s campaign group, America PAC, which was established to support Donald Trump in the presidential race. Is it legal for Musk to give $1 million through this initiative?
Voters in Pennsylvania are being offered cash rewards simply for signing the petition, and one random swing-state signatory each day is awarded a million-dollar prize. Is it legal for Musk to give $1 million under these circumstances?
However, legal experts have raised concerns that offering money for an action that requires voter registration may violate U.S. law. BBC News has reached out to Mr. Musk’s team and America PAC for comment on whether it is legal for Musk to give $1 million in this context.
What is Musk offering?
Elon Musk, through his campaign group America PAC, is offering cash incentives to voters in key swing states ahead of the U.S. election on November 5. Voters in Pennsylvania, for example, are being given cash rewards just for signing their petition. Additionally, one random voter from a swing state is selected daily to receive a million-dollar prize. This move, designed to boost support for Donald Trump’s presidential campaign, has raised questions about its legality. Legal experts are examining whether it is legal for Musk to give $1 million in this manner.
Here are some different points of view of some
The petition created by America PAC urges voters in six swing states—Georgia, Nevada, Arizona, Michigan, Wisconsin, and North Carolina—to sign a “petition in favor of free speech and the right to bear arms.” Is it legal for Musk to give $1 million as part of these efforts?
Those who refer another voter to sign up are promised $47 (£36) each. In Pennsylvania, a key battleground state, higher sums of $100 are being offered for signing or referring others, as both the Trump and Harris campaigns see this state as potentially decisive. Is it legal for Musk to give $1 million through these offers?
America PAC states that those who sign the petition are showing their support for the First and Second Amendments of the U.S. Constitution. Is it legal for Musk to give $1 million in such a way, as a sign of political support?
Each day leading up to the election on November 5, a $1 million prize will be randomly awarded to one signatory from the seven swing states. The first lottery-style prize was awarded to a surprised individual at a town hall event in Pennsylvania on October 19. Is it legal for Musk to give $1 million under these conditions?
Different points of view of different people:-
Said Paul Schiff Berman:
“I believe [Elon] Musk’s offer is likely illegal,” said the Walter S. Cox Professor of Law at George Washington University. He referred to the U.S. Code on Electoral Law, which states that anyone who “pays or offers to pay or accepts payment either for registration to vote or for voting” could face a $10,000 fine or up to five years in prison. Is it legal for Musk to give $1 million under such circumstances?
The professor emphasized that since Musk’s offer is only available to registered voters, it may conflict with this provision. “His offer is only open to registered voters, so I think his offer runs afoul of this provision,” he told the BBC. Is it legal for Musk to give $1 million to individuals in this way?
The U.S. Department of Justice declined to comment, and the Federal Election Commission (FEC) has been approached for their stance. Is it legal for Musk to give $1 million without directly violating electoral law?
However, a former chairman of the FEC suggested that the strategy might fall within a legal loophole since no one is being directly paid to register or vote. Brad Smith told the New York Times that the giveaway is “something of a grey area” but “not that close to the line.” He explained, “Musk isn’t paying them to register to vote; he’s paying them to sign a petition, and he only wants registered voters to sign it. So I think he comes out OK here.” Is it legal for Musk to give $1 million under these specific conditions?
