Elon Musk speaks as part of a campaign town hall in support of Republican presidential candidate former President Donald Trump on Thursday, October 17, in Folsom, Pennsylvania. Matt Rourke/AP Hide caption
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Matt Rourke/Associated Press
Elon Musk, the billionaire technology founder and supporter of former President Donald Trump, is donating $1 million to Pennsylvanians every day through November 5th. Two people have already won prizes after signing Musk’s America PAC petition supporting the Constitution.
The sweepstakes has raised concerns among election law experts and Pennsylvania Gov. Josh Shapiro, a former attorney general. Mr. Shapiro is also a campaign representative for Vice President Harris.
“I think this is something that law enforcement should consider,” Shapiro said Sunday on NBC’s Meet the Press. “Even though I’m no longer the attorney general of Pennsylvania, I’m the governor, and this raises serious questions.”
Musk announced the $1 million donation Saturday at an event in Harrisburg, Pennsylvania. The event was part of a tour supporting Trump.
“I have a surprise for you,” Musk said just before handing out a giant check. “We’re going to award $1 million every day from now until the election to people who sign our petition.”
Pennsylvania is an important battleground state in this election, where Trump and Harris are actively campaigning.
Richard Hasen, a UCLA election law professor, said there is nothing illegal on the face of petition sweepstakes. But if you look closely, there are red flags for him.
“If you look at the requirements, you have to be a registered voter,” Hasen said. “So this is essentially a lottery that only people who are registered to vote can participate in. So it’s either an incentive or a reward for someone to vote. And either way, it violates federal law.”
He called Musk’s actions “clearly illegal” because they violate Statute 52 USC 10307(c) and the Department of Justice’s election manual.
“When people vote, it should be a free choice, not a financial incentive that favors them,” Hasen said of federal election law. “The nature of voting would change if people voted purely for personal economic incentives, rather than choosing whether to register to vote, whether to vote, and who to vote for.”
Musk said the purpose of the sweepstakes was to “maximize awareness of our petition to uphold the Constitution.” On Sunday, the billionaire handed petition signers a second huge check for $1 million.
The signatories pledge their support for the First and Second Amendments, specifically the right to free speech and the right to bear arms.
The deadline to register to vote in Pennsylvania is Monday.
Musk’s America PAC did not immediately respond to NPR’s questions about the legality of the giveaway.
Hasen said willful violations of statute 52 USC 10307(c) are punishable by a $10,000 fine and up to five years in prison.
“I think it’s unlikely that he would receive such a significant fine,” Hasen said of Musk. “However, I think if you were warned that this was illegal activity and you continued to do it, you would have a different kind of situation.”
