Elon Musk, the owner of X (formerly Twitter), recently said he would give away $1 million every day to registered voters in important states. He wants to encourage people to vote for Donald Trump and support free speech and gun rights. However, some people think this might be illegal because it could be seen as paying people to vote.
Musk’s announcement quickly drew criticism from election law experts who warned that the giveaway could violate federal laws. According to the **Federal Election Campaign Act**, it is illegal to offer any form of payment or incentive in exchange for voter registration or voting. The law specifically makes it a crime to “pay or offer to pay” someone for registering to vote or voting, a violation punishable by up to five years in prison.
Derek Muller, an election law professor at Notre Dame Law School, noted that limiting the sweepstakes to registered voters raises serious concerns about election bribery. “When you start limiting prizes or giveaways to only registered voters or only people who have voted, that’s where bribery concerns arise,” Muller explained. The fact that Musk’s cash prize is only available to registered voters in battleground states adds to the legal risk.
Similarly, David Becker, a former Justice Department official and founder of the Center for Election Innovation & Research, argued that Musk’s sweepstakes “isn’t a particularly close case” and fits the definition of illegal vote-buying. Becker pointed out that the timing of the giveaway—right before some voter registration deadlines—suggests that the cash prizes are designed to influence the election outcome.
Attempts to Reframe the Giveaway
Following legal scrutiny over the weekend, Musk’s PAC altered its messaging, describing the prize as a “job opportunity” instead of a lottery. According to the new framing, winners would be selected to serve as spokespersons for the PAC, earning $1 million in that capacity. However, legal experts remain unconvinced that this change is enough to sidestep election laws. The sweepstakes is still only open to registered voters, which continues to raise concerns about the legality of offering financial incentives related to voter registration.
Rick Hasen, a professor at UCLA School of Law and an expert on election law, weighed in on the issue, describing Musk’s actions as “clearly illegal vote-buying.” Hasen pointed to the Justice Department’s election crimes manual, which explicitly states that offering lottery chances or similar rewards tied to voting or registration is unlawful.
Federal and State Reactions
The sweepstakes has caught the attention of officials at both the federal and state levels. Pennsylvania Governor Josh Shapiro, a Democrat, expressed his concerns on NBC’s “Meet the Press,” calling the giveaway “deeply concerning” and suggesting it might warrant investigation by law enforcement.
Shapiro, the former attorney general of Pennsylvania, emphasized that election laws are in place to protect the integrity of the voting process and prevent undue influence through financial incentives.
Michigan Secretary of State Jocelyn Benson also criticized Musk, accusing him of spreading “dangerous disinformation” about the state’s voter rolls. Musk had falsely claimed that there were more registered voters than citizens in Michigan, a statement that Benson said undermines public confidence in the electoral process.
Although it is rare for federal prosecutors to pursue election bribery cases, experts believe Musk’s high-profile involvement could increase the likelihood of legal action. While the distinction between offering a sweepstakes prize and paying someone to vote may seem subtle, legal experts agree that the sweepstakes still poses significant legal risks. The fact that the giveaway is targeted at voters in swing states, where the outcome of the 2024 presidential election could be decided, only amplifies the potential for scrutiny.
Regardless of whether Musk faces prosecution, the controversy surrounding his $1 million giveaway underscores the importance of maintaining the integrity of the election process. Election law is designed to prevent undue influence, and offering financial rewards to voters—even if framed as a sweepstakes—undermines the principle of free and fair elections.
In conclusion, while Musk’s sweepstakes might attract attention and boost voter registration, it could also lead to legal challenges and further criticism from election law experts and public officials. As the 2024 presidential election approaches, this incident highlights the fine line between political engagement and unlawful interference in the electoral process.
