Tech billionaire Elon Musk gave a $1 million examine to an viewers member at a rally in Harrisburg, Pennsylvania, the place he’s been Trump-stumping, on Saturday. And he mentioned he’ll proceed to offer that prize to 1 random voter per day till the Presidential election on November fifth. The transfer might very properly break US election legislation.
Solely individuals who have signed a petition from Musk’s America PAC are eligible for the sweepstakes-style supply. And solely registered voters are eligible to signal the petition. Based on its phrases, Musk will give $1 million to somebody in Pittsburgh right this moment, however will later increase to anybody dwelling in swing states like Georgia, Nevada, or Arizona.
It’s towards federal legislation to impel anybody to vote or get registered to vote and Musk’s $1 million prizes are “clearly unlawful,” writes UCLA political science professor Rick Hasen in his Election Regulation Weblog. He cites 52 USC 10307 (c), which states that anybody who “pays or affords to pay or accepts cost both for registration to vote or for voting” can probably see $10,000 in fines or 5 years in jail. There are additionally different legally doubtful features of the pledge, embrace bonuses for signers and for getting others to signal it.
Pennsylvania Governor Josh Shapiro mentioned on Meet the Press this morning that the supply is “deeply regarding.” He stopped in need of calling it unlawful, stating that he’s now not the state’s Legal professional Common, however mentioned the ploy is “one thing that legislation enforcement can check out.”
Hasen informed NBC Information that the very fact the petition is barely open to registered voters could also be what places it excessive. Federal authorities can both prosecute Musk or warn him to cease the scheme, he mentioned. The US Division of Justice must cost him with violating the legislation in federal court docket; a federal company or non-public celebration might additionally file a civil lawsuit.
Both of these would take time. Musk could possibly be trusting that Trump, who has pardoned allies and is unlikely to let the DOJ punish a significant donor, will win and make the authorized questions irrelevant. Even when the previous President doesn’t win, Musk already has a monitor file of flouting regulation with few penalties within the US. However conversely, it’s an open query how a lot Musk’s sweepstakes will assist Trump — and whether or not it may well make up for rumored weaknesses within the candidate’s conventional marketing campaign floor recreation.