Elon Musk’s million dollar giveaways could be in violation of federal law prohibiting paying people to register to vote

Elon Musk has been campaigning in Pennsylvania for Republican presidential candidate former President Donald Trump but his offer to pay up to $1 million per day to Pennsylvania voters signing his America PAC petition before Election Day might be in violation of the law.

America PAC’s petition asks signers to support freedom of speech and the right to bear arms. Musk asks winners of the cash award to be “spokespersons” for the petition. Musk aims to “get 1 million registered voters in swing states to sign in support of the Constitution, especially freedom of speech and the right to bear arms,” with the petition being open to registered voters in the swing states of Pennsylvania, Georgia, Nevada, Arizona, Michigan, Wisconsin and North Carolina. 

Legal experts questioned whether the offer was legal because it links receiving money to being a registered voter, which federal law prohibits, The Washington Post reported. Campaign finance Lawyer Brett Kappel told the outlet, “You can’t give something of value to people in exchange for them voting or registering to vote,” and cited a federal statute that states whoever “makes or offers to make an expenditure to any person either to vote or withhold his vote, or to vote for or against any candidate” will face fines or jail time. Election law expert at the University of California Los Angeles Rick Hansen wrote on his blog Saturday that Musk’s prize offering “is clearly illegal,” citing the same federal statute as Kappel.

The petition asks signers to circulate the form to other battleground state voters offering $47 for each registered voter an individual convinces to also sign the petition. The names of signatories are entered into a contest that seeks to award daily winners with $1 million each. Voters in Pennsylvania received a separate offer of $100 each and another $100 if they find another registered voter to add his or her name to the petition. The registration deadline in Pennsylvania is Monday.

Gov. Josh Shapiro (D-PA), said in a Sunday interview on NBC News’s Meet the Press that Musk’s petition raises “real questions” about how the entrepreneur is choosing to dispense his vast capital in the presidential election and advised law enforcement to “take a look” at Musk’s proposal.

“I think there are real questions with how he is spending money in this race, how the dark money is flowing, not just into Pennsylvania, but apparently now into the pockets of Pennsylvanians that is deeply concerning. Look, Musk obviously has a right to be able to express his views. He’s made it very, very clear that he supports Donald Trump. I don’t. Obviously we have a difference of opinion. I don’t deny him that right. But when you start flowing this kind of money into politics, I think it raises serious questions that folks may want to take a look at.”

But Shapiro would not say if the scheme is illegal. “I’m not the attorney general anymore of Pennsylvania. I’m the governor. But it does raise some serious questions.”