Trump supporter and the world's richest person (according to Bloomberg), Elon Musk, recently announced that his Super PAC, America PAC, will pay $1 million each day until Election Day to a randomly selected registered voter in certain key states who has signed a certain petition on America PAC's website. The daily payments began on Oct. 19 and, according to the PAC's website, will continue through Election Day. To date, there have already been eight lucky winners.
Various legal experts have questioned the legality of the giveaway, including a group of former Republican officials who addressed a letter to the U.S. attorney general, the Pennsylvania attorney general and all 67 Pennsylvania district attorneys, urging an investigation into the giveaway. The Department of Justice has apparently sent a letter warning Musk and America PAC that the $1 million giveaway may violate federal election law because it provides a monetary reward for registering to vote. But how exactly does Musk's contest work and what does federal law say about it?
According to the America PAC website, individuals who are registered to vote in the swing states of Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania or Wisconsin who sign a two-sentence petition expressing support for the First and Second Amendments to the U.S. Constitution, are eligible to win a daily prize of $1 million. Eligible registered voters may only sign the petition one time. Importantly, the contest rules do not require petition signers be registered with a particular political party or require they actually vote.
Under federal election law, anyone who “pays or offers to pay or accepts payment either for registration to vote or for voting” shall be fined or imprisoned, or both. The Department of Justice's Election Crimes Manual's section on vote buying explains that the payment does not need to be in cash, it can be anything of monetary value, specifically citing to “lottery chances.” The key is that the offer or payment “must have been intended to induce or reward the voter for engaging in one or more acts necessary to cast a ballot.”
But is the payment being offered for registering to vote or is it being offered for signing a petition? The first three winners had already registered and voted when their names were announced. And Musk publicly stated on X that “The goal of the $1M/day prize is to maximize awareness of our petition to support The Constitution.” However, many legal experts (and possibly the Justice Department) are not buying it and see this as a clear scheme to “induce or reward” people for registering to vote since only registered voters may sign the petition.
There really is no precedent for something like this in American politics, and as such, there is not a clear-cut answer to the question of whether it is illegal. In addition, political lotteries and sweepstakes are also regulated under other laws, including state law. Before considering a similar tactic, PACs and other organizations would be wise to consult with legal counsel and be prepared to answer questions should the Department of Justice, the Federal Election Commission and/or state election authorities decide to investigate.
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