close
close

first Drop

Com TW NOw News 2024

Musk’s  million petition lottery falls into a legal gray area, experts say
news

Musk’s $1 million petition lottery falls into a legal gray area, experts say

Elon Musk’s daily $1 million lottery for registered swing state voters who sign his super PAC’s petition falls into a legal gray area and could potentially violate election law, three experts told NBC News.

The petition, created by Musk’s America PAC, comes amid the entrepreneur’s larger campaign over the past week to register conservative voters in swing states.

Paying someone to vote or register to vote is explicitly illegal under federal law. However, Musk’s payouts appear to circumvent these laws. Musk and America PAC have said payouts or lottery entries will be given to registered voters for their petition signatures or referrals from other signatories. The petition supports freedom of speech and gun rights. No specific party affiliation is required to sign the petition.

“I think it crosses the line, and it’s a little unclear whether it crosses the line or not,” said John Fortier, a senior fellow at the American Enterprise Institute who specializes in election administration.

Elon Musk
Elon Musk at a town hall in Pittsburgh on October 20, 2024. Michael Swensen/Getty Images

The fact that the lottery relies on signing a petition, rather than just registering to vote, could be enough to prevent Musk from openly breaking the law, experts told NBC News, but it’s not clear.

“This is legally very questionable at best,” said Michael Morse, an assistant professor of law at the University of Pennsylvania Carey Law School. “Federal law says you can’t pay someone to register to vote. I think you can read this petition as an encouragement to register to vote.”

“I have never heard of a million dollar lottery in the final weeks of a presidential campaign, to sign a petition or to get people to register, so we are in new legal territory here” , says Professor Nate Persily. at Stanford Law School.

“The relevant legal question is whether this is a payment to induce people to register. If so, it is against the law. If it’s a payment to get people to sign a petition, then that’s not a problem,” he said.

Musk’s PAC announced the first payouts to petition signers and referrers on October 6. In recent days, Musk has raised the bar and added money to his promises several times.

Rick Hasen, the director of the Safeguarding Democracy Project at the UCLA School of Law and an election law analyst at NBC News, wrote Saturday that he believes Musk’s plan is “clearly illegal” because the petition requires signatories in certain states are registered voters.

Hasen noted that the Justice Department’s Election Crimes Manual explicitly mentions “lottery odds” as an example of a form of illegal bribery if it is “intended to induce or reward the voter for performing one or more acts necessary to cast a vote.”

Democrat Pennsylvania Gov. Josh Shapiro said on Meet the Press Sunday that the lottery was “very concerning” and suggested law enforcement agencies could investigate it.

But none of the experts who spoke to NBC News believed law enforcement is likely to stop the lottery or fine Musk before the election.

“The Department of Justice has the authority to enforce the statute,” Morse said. “But I think they have other things to do in the next three weeks.”

The Justice Department, Pennsylvania attorney general’s office and the Federal Election Commission declined to comment.

Musk endorsed Trump in July after Trump became the Republican Party’s nominee. Musk, the world’s richest person, is embroiled in at least 11 regulatory or legal battles with the federal government related to his companies, an earlier NBC News count shows, making the stakes of the presidential election high for him. Musk’s companies have won billions in federal contracts over the past decade, according to a recent tally by The New York Times.

Elon Musk
Elon Musk presented Kristine Fishell with a $1 million check during a town hall in Pittsburgh on Saturday.Michael Swensen/Getty Images

The voter registration deadline in Pennsylvania and Michigan is Monday. The rules of the contest appear to say that while no new entrants will be accepted after Monday, new $1 million prize winners will be named every day until the election. So far it has mentioned two.

On Monday morning, Musk celebrated Republican voter registration in Pennsylvania.

“The new Republican voter registration last week in Pennsylvania absolutely crushed the Democratic voter registration!” he wrote on X.

Morse, a law professor at Penn, said the lottery was unlikely to be a stunt with consequences, and instead looked more like a data mining operation.

“Until today, you can only register to vote in Pennsylvania. I just see this as a political stunt. It’s a stunt to mine people’s data, to build an email list for contacts, for campaigns, for mobilization,” he said, referring to voting and other voter engagement efforts.