Elon Musk’s recent initiative to entice voters could land him and participants in hot water, according to legal experts.
The outspoken Tesla CEO, known for his support of Donald Trump, is offering cash incentives to voters in key swing states who sign a petition advocating for the First and Second Amendments. The petition is available to residents in Georgia, Nevada, Arizona, Michigan, Wisconsin, and North Carolina.
In Pennsylvania, a critical battleground state, signers can receive $100 for signing or referring others. Additionally, a $1 million lottery prize will be drawn each day for a participant from the seven swing states.
Referring another voter nets a $47 reward, making the prospect even more enticing.
The incentives will wrap up on Election Day, linking the giveaways directly to the upcoming presidential election. Musk’s support for Trump as the Republican nominee has been evident throughout the campaign.
Legal analyst Perlstein has expressed concerns about the legality of Musk’s actions, suggesting it could lead to fines or even prison time. However, he believes enforcement against those accepting the offers is unlikely.
“Musk is walking a fine line. He’s targeting registered voters with his petition rather than explicitly incentivizing votes for a candidate, which complicates the legality,” Perlstein noted. He warned that if this unwritten rule keeps being pushed, it could encourage corruption in future elections.
Opinions among election law experts are divided. Some believe while Musk’s actions may not be outright illegal, they flirt dangerously close to the edge. “Musk’s strategy could sway the election unless addressed. This could significantly affect voter dynamics, especially for Harris,” Perlstein added.
Federal law is explicit that individuals cannot be compensated for voting or registering to vote, as stated in 18 USC 597 and 52 USC 10307. Musk, however, frames his payments as incentives for signing a petition related to protected free speech, according to Rahmani from the West Coast Trial Lawyers.
Rahmani argues that while petition signing is protected, payment could cross into illegal territory if it resembles a vote-buying scheme. A lottery for participation could be seen as a bribe if it’s linked to voting.
A coalition of Republican lawyers is pushing for investigations at both federal and state levels. They have sent a letter to Attorney General Merrick Garland and Pennsylvania Attorney General Michelle Henry, alerting them to the potential illegality of Musk’s campaign, emphasizing that similar practices are unprecedented in modern politics.