WASHINGTON CNN —
On Saturday, while struggling with former President Donald Trump, tech billionaire Elon Musk announced he would donate $1 million a day to registered voters in battleground states, but quickly turned to election law experts. The sweepstakes drew harsh criticism from critics who argued that it could violate laws prohibiting the payment of registration fees. .
“We want 1 million, maybe 2 million or more voters in battleground states to sign a petition supporting the First and Second Amendments. … Mr. Musk is Pennsylvania At an election event in Harrisburg, he said he would give away $1 million randomly every day between now and the election to people who signed the petition.
The X Company owner and Tesla CEO was referring to a petition launched by his political action committee affirming support for free speech and the right to bear arms. “This program is only available to registered voters in Pennsylvania, Georgia, Nevada, Arizona, Michigan, Wisconsin, and North Carolina,” the website, launched just before some registration deadlines, states. It is written.
Musk, the world’s richest man, has donated more than $75 million to pro-Trump super PACs and said he hopes the sweepstakes will increase Trump voter registration. He recently went on the campaign trail in Pennsylvania, holding events defending Trump, promoting petitions and spreading conspiracy theories about the 2020 election.
“This is a one-time request,” Musk told the crowd shortly after announcing the $1 million prize. “Go out and talk to your friends, family, acquaintances, people you meet on the street and convince them to vote. Obviously, you have to register. Make sure they are registered, And…make sure they vote.”
The first $1 million winner was named on Saturday, with Musk handing out a giant check to Trump supporters at an event in Harrisburg, saying, “You’re welcome, anyway.” He announced the second winner Sunday afternoon during an event in Pittsburgh, handing out another check on a stage adorned with a large sign that reads “Vote Early.”
Pennsylvania Gov. Josh Shapiro said in an interview Sunday on NBC’s “Meet the Press” that Musk’s donations were “very concerning” and “something that law enforcement may consider.” ” he said. Mr. Shapiro is a Democrat and previously served as state attorney general.
Federal law criminalizes anyone who “pays, offers to pay, or accepts payment to register or vote.” The penalty is up to five years in prison.
“When you start restricting prizes and giveaways to only registered voters or only people who vote, that’s where bribery concerns arise,” said Derek Muller, an election law expert who teaches at the University of Notre Dame School of Law. said. “When you limit your giveaway to only registered voters, it looks like you’re offering cash to register to vote.”
Mueller said that offering money to people who had already registered before the prize was announced could violate federal law, but that the offer “includes people who have not yet registered. Potentially, “inducing new registrations is much more of a problem.” ”
Paying to vote is the only crime in most states, said Mueller, who is also a CNN contributor. He said federal prosecutors rarely bring election bribery cases and that the Supreme Court has narrowed the scope of bribery laws.
Despite the possibility of long-term prosecution of Mr. Musk, other respected election law experts strongly condemned the billionaire’s actions.
“This is not a particularly dire case; it’s exactly what this law was designed to criminalize,” said Roberts, a former Justice Department official who handles voting rights cases and is the founder of the nonpartisan Center for Election Innovation and Research. said one David Becker.
Becker said the fact that the award is only given to registered voters in “one of seven swing states that could affect the outcome of the presidential election” means that Musk could influence the race. He said that this is strong evidence of an intention to give someone a gift, and could pose legal problems.
“This offer was made in the last few days before some registration deadlines,” Becker said, reinforcing the idea that the prize money was intended to encourage registration.
Rick Hasen, an election law expert at UCLA School of Law and a Trump critic, said in a blog post that Musk’s sweepstakes is “clearly illegal vote buying.” He said the Justice Department’s election crimes manual specifically states that it is illegal to offer “lottery chances” for acts “intended to induce or reward” voter registration, etc. pointed out.
Another Democratic official, Michigan Secretary of State Jocelyn Benson, said on Saturday that Musk’s concerns about the integrity of voter rolls were “dangerous” after he falsely claimed there were more voters in the state than residents. He accused Musk of spreading disinformation.
