October 23, 2024
On Monday, 11 former Republican Justice Department and other top officials signed a letter to the Democratic AG Merrick Garland begging him to investigate billionaire Elon Musk’s controversial cash prize giveaways to registered voters in swing states. Musk, with his political action committee America PAC, is giving away $1 million each day until election time to voters who sign a petition in support of the First and Second Amendments.
The petition drive, designed to get people to vote in support of constitutional rights, is geared toward voters in swing states like Pennsylvania, Georgia, Nevada, Arizona, Michigan, Wisconsin and North Carolina. Musk’s two first $1 million checks were presented Sunday at a Donald Trump rally in Harrisburg, Pennsylvania and the cash prizes were being questioned over legality.
Legal Concerns Raised by GOP Officials
The letter addressed to Garland cited a federal law banning payment schemes for voter registration. Under 52 U.S.C. 10307(c) – It’s illegal to “knowingly or willfully” pay or provide payment for voter registration, punishable by up to five years in prison or a $10,000 fine. The ex-administrations contend that while Musk sells the cash awards as incentives to sign a petition, most of the payouts only go to registered voters, effectively pushing people who don’t have an account to register.
“We are aware of nothing like this in modern political history,” the letter continued, prompting fears that the lottery-like structure of the PAC might be a federal violation. Signatories of the letter include notable former Republicans such as Christine Todd Whitman, former New Jersey Governor, and Donald Ayer, former Deputy Attorney General under President George H.W. Bush. Bush.
Officials pointed out that while “petition payments” were called such, the eligibility component (based on voter registration) was legally very troubling.
Musk’s Defense of the Cash Prizes.
Musk, who is a vocal social media presence, countered the allegations on X (then Twitter) by saying that the prizes do not depend on voting or party. “All you need to do is sign the @America petition in support of the Constitutional rights to free speech & bear arms to have a daily chance of winning $1,000,000!” Musk tweeted on Oct. 20 and added that it’s open to all, regardless of political party membership or whether they are voters or not.
Musk also refrained from accusations of election meddling, claiming that the petition was simply a defense of the Constitution and did not discriminate or exclude voters based on their political affiliation.
Mixed Reactions and Potential Legal Implications
While some Democrats (like Pennsylvania’s governor Josh Shapiro) worried about Musk’s impact on the election, others have noted that the legality of the cash prizes is unclear. “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,” Governor Shapiro said in a recent interview.
Political gurus on election law are also divided on the question. According to Michael Kang, a law professor at Northwestern University, though the payments might not technically amount to paying to vote, the legal grey area around incentives for such registration campaigns deserves closer scrutiny. “It’s not quite the same as paying someone to vote,” Kang explained, “but you’re getting close enough that we worry about its legality.”
The DOJ reportedly received the letter from the ex-GOP leaders but did not say whether an investigation would be initiated. America PAC has also continued its effort with a $1 million prize night for registered voters who sign the petition and $47 for those who get others to do the same.
For more on this story, check out The Western Journal or @America on X.
Sources:
- 52 U.S.C. § 10307(c)
- Michael Kang, Northwestern University, Pritzker School of Law
- The Western Journal
- X (twice previously Twitter) for Elon Musk and America PAC.
