Billionaire Mark Cuban is stirring the pot on social media after questioning the legality of Elon Musk’s new political initiative. Musk’s plan offers daily $1 million prizes to voters in swing states who sign a petition endorsing the First and Second Amendments of the U.S. Constitution.
Unveiled during a town hall in Harrisburg, Pennsylvania, Musk aims to boost voter engagement as he supports former President Donald Trump in the upcoming 2024 election against Vice President Kamala Harris. His America PAC will allow registered swing state voters to enter this unusual contest, which runs until November 5.
To participate, voters must sign a statement affirming the freedoms guaranteed by the First and Second Amendments. Musk announced the first winner, John Dreher, at the event, with upcoming winners selected from Pennsylvania before expanding to voters in states like Georgia, Nevada, and North Carolina.
As of now, polling data from Nate Silver’s FiveThirtyEight shows Trump and Harris are tied at 47.8% in Pennsylvania.
The discussion gained momentum when Cuban shared a journalist’s take on Musk’s initiative, implying it might violate gaming laws in Pennsylvania. His comment on X received over a million views, prompting him to cite a revenue department note that states all gambling is illegal unless authorized by law.
Governor Josh Shapiro expressed his concerns during an NBC “Meet The Press” interview, suggesting law enforcement may need to evaluate Musk’s contest.
Legal experts are also weighing in, noting potential issues with Musk’s giveaway. Campaign finance attorney Brendan Fischer indicated that conditioning prize eligibility on voter registration might breach election laws. Conversely, UCLA Law professor Rick Hasen clarified that while signing the petition is fine, restricting eligibility to registered voters might indeed cross a legal line.
Thanks for the folks referring me to sweepstakes law. I’ll defer to lawyers. But if he follows applicable law, got to admit it looks like it could be legal
That doesn’t account for FEC laws. https://t.co/dhf4CQKt3Q
— Mark Cuban (@mcuban) October 20, 2024
In a follow-up, Cuban acknowledged the complexity and would defer to legal professionals, noting he would consider sweepstakes laws while highlighting the uncertainty around FEC regulations.