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Election law experts said over the weekend that billionaire Tesla CEO Elon Musk’s latest ploy to entice voters in battleground states to sign his “petition in favor of free speech and the right to bear arms” appears to be flagrantly illegal.
According to Musk, an outspoken supporter of Republican nominee Donald Trump, the scheme involves a random $1 million payment each day to one registered voter who signs the petition, which is officially hosted by a super PAC founded and financed by Musk.
Rick Hasen, a law professor at UCLA, argued that by only offering the $1 million reward to registered voters in swing states, Musk’s effort amounts to “clearly illegal vote-buying.”
In a blog post, Hasen pointed to 52 U.S.C. 10307(c), which states that anyone who “pays or offers to pay or accepts payment either for registration to vote or for voting shall be fined not more than $10,000 or imprisoned not more than five years, or both.”
“I’d like to hear if there’s anyone who thinks this is not a clear case of a violation,” Hasen wrote.
According to the petition website, only registered voters in Pennsylvania, Georgia, Nevada, Arizona, Michigan, Wisconsin, and North Carolina are eligible for the $1 million prize.
Musk’s super PAC is also offering $47 to people who refer other registered voters to sign the petition.
Derek Muller, an election law expert at Notre Dame Law School, said Sunday that “when you start limiting prizes or giveaways to only registered voters or only people who have voted, that’s where bribery concerns arise.”
“By limiting a giveaway only to registered voters,” Muller added, “it looks like you’re giving cash for voter registration.”
Musk announced the price Saturday during a town hall event in Pennsylvania, declaring that “every day between now and the election we will be awarding $1 million, starting tonight.” As NBC News reported, “Musk delivered the first of the checks Saturday to a man who emerged from the crowd to loud cheers, saying the man ‘had no idea’ he’d be selected.”
“The only thing we ask for the million dollars is that you be a spokesperson for the petition,” said Musk. “And that’s it, really.”
Following the town hall, Democratic Pennsylvania Gov. Josh Shapiro called Musk’s scheme “deeply concerning” and said it is “something that law enforcement could take a look at.”
“Musk obviously has a right to be able to express his views,” Shapiro added. “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… but when you start flowing this kind of money into politics, I think it raises serious questions.”
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