By Elon Musk’s $1 million-per-day giveaway has come under scrutiny as the US Department of Justice (DOJ) warns it may breach federal election laws.
Musk, actively supporting Donald Trump in the presidential race against Kamala Harris, launched this initiative through his political action committee, America PAC.
The giveaway offers a chance for registered voters who sign a petition in support of the First and Second Amendments to win $1 million daily.
This effort is targeting voters in seven crucial swing states: Pennsylvania, Georgia, Nevada, Arizona, Michigan, Wisconsin, and North Carolina.
As Election Day on 5 November nears, the contest has sparked controversy and legal questions about its compliance with US electoral law, raising concerns among Democrats and prompting calls for a DOJ investigation.
What is the legality of Elon Musk’s voter giveaway?
The core of the DOJ’s concerns lies in US laws prohibiting payment for voter registration.
These laws aim to prevent undue influence in the election process. Musk’s giveaway, while framed as a petition initiative, requires participants to be registered voters, creating potential legal issues.
The DOJ’s Public Integrity Section reportedly reached out to Musk’s America PAC, highlighting the possibility of federal election law violations.
The specific timing of the DOJ’s communication remains unclear, and the department has not commented on the matter publicly.
Musk’s America PAC has made it clear that the contest aims to attract over 1 million voters in pivotal battleground states.
These states, often crucial in determining the outcome of elections, could see significant influence if a substantial number of new voters sign the petition.
The PAC has positioned the effort as a campaign for constitutional rights, notably freedom of speech and the right to bear arms.
While no party affiliation is required for participants, the event’s timing and focus on swing states have led to criticism from Democratic leaders who see the giveaway as an attempt to bolster Trump’s support base.
Is the giveaway illegal?
While some legal analysts believe that Musk’s contest could violate federal law, others suggest that it may exploit a legal loophole.
The US Code specifically prohibits offering payment for voter registration or voting.
Legal experts like Paul Schiff Berman from George Washington University argue that targeting registered voters could breach this provision, potentially exposing Musk and America PAC to fines or imprisonment if found guilty.
Adav Noti from the Campaign Legal Center echoed these concerns, stating that the scheme is subject to civil or criminal enforcement by the DOJ.
Musk has dismissed allegations of illegality on social media platform X (formerly Twitter), claiming that the contest is open to all voters, regardless of party affiliation or voting status.
In response to mounting criticism, America PAC modified the contest’s terms, now describing the prize as payment for a role as a spokesperson.
All you need to do is sign the @America petition in support of the Constitutional rights to free speech & bear arms to have a daily chance of winning $1,000,000!
You can be from any or no political party and you don’t even have to vote.
Winners must create videos promoting the PAC’s agenda, aligning the payments with promotional work rather than voter registration.
Despite this adjustment, some legal experts believe the giveaway could still face legal challenges, as the connection to voter registration remains a potential issue under electoral law.
Republican ex-prosecutors demand DOJ action
Adding to the pressure on the DOJ, a group of Republican ex-prosecutors has urged the department to investigate the contest, citing potential violations of state and federal laws.
They argued that such activities, especially so close to an election, require scrutiny despite a general reluctance among law enforcement to act on election-related matters near voting day.
Their letter underscores the unprecedented nature of the contest in modern US political history, highlighting its potential impact on voter behavior in key battleground states.
As Election Day approaches, the outcome of this legal dispute could have significant implications for Musk’s political influence and America PAC’s operations.
If the DOJ pursues formal action, the case could set a precedent for how electoral laws apply to unconventional voter engagement efforts.
For now, the controversy continues to unfold, with Democrats and legal experts closely monitoring any developments.
Whether Musk’s giveaway will face legal consequences or succeed in reaching its voter targets remains uncertain.
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