Elon Musk speaks Thursday in Folsom, Pennsylvania, as part of a campaign town hall in support of Republican presidential candidate and former President Donald Trump.

Matt Rourke/AP

hide caption

change caption

Matt Rourke/AP

Elon Musk – the billionaire tech founder and supporter of former President Donald Trump – is giving away $1 million to a Pennsylvanian every day until November 5. Two people have already won the prize money after signing Musk’s America PAC petition in support of the Constitution.

The lottery is raising concerns among election law experts and Pennsylvania Governor Josh Shapiro, who previously served as the state’s attorney general. Shapiro is also a surrogate for Vice President Harris’ campaign.

“I think it’s something the police could look into,” Shapiro said on NBC’s Meet the press on Sunday. “I’m no longer the attorney general of Pennsylvania, I’m the governor, but it does raise serious questions.”

Musk announced the $1 million giveaway Saturday at an event in Harrisburg, Pennsylvania. The event was part of a tour in support of Trump.

“I have a surprise for you,” Musk said shortly before handing out a giant check. “We’re going to award $1 million to people who sign the petition – every day from now until the election.”

Pennsylvania is a crucial swing state this election where both Trump and Harris are campaigning hard.

UCLA election law professor Richard Hasen said there is nothing prima facie illegal about a petition sweepstakes. But upon closer inspection, it raises red flags.

“If you look at the requirements, you have to be a registered voter,” Hasen said. “And so this is essentially a lottery that is only open to people who register to vote. So it’s either an incentive for someone to vote, or it’s a reward. And either way, it’s against federal law.”

He calls Musk’s actions “clearly illegal” because it violates statute 52 USC 10307(c) and the Justice Department’s election manual.

“When people vote, it should be their free choice and they should not vote for financial incentives that would help the electorate,” Hasen said of the federal election law. “It would change the nature of voting if people voted purely for a personal financial incentive, rather than making the choice whether or not to register to vote, whether or not to vote, and for whom .”

Musk said the purpose of the lottery is to “maximize awareness of our petition in support of the Constitution.” On Sunday, the billionaire awarded a second massive $1 million check to a signer of the petition.

The signatories pledge their support for the First and Second Amendments, especially freedom of speech and the right to bear arms.

Pennsylvania’s deadline to register to vote is Monday.

Musk’s America PAC did not immediately respond to NPR when asked about the legality of the giveaway.

Hasen said willful violation of statute 52 USC 10307(c) carries a $10,000 fine and up to five years in prison.

“I don’t think it’s likely that he will receive such a heavy fine,” Hasen said of Musk. “Although, if he were warned that these were illegal activities and continued to do so, I think it would create a different kind of situation.”