One legal expert called it “clearly illegal.”
by Julianne McShane
After Elon Musk unveiled a scheme to pay $100 to registered Pennsylvania voters who sign a pro-Trump petition, Democratic officials—and legal experts—are sounding the alarm.
As my colleague Arianna Coghill reported yesterday, Musk made the announcement to his 202 million X followers on Thursday, telling them the offer was valid through midnight on Monday. On top of that, Musk also says he is giving away $1 million a day, every day until the election, to petition signers in swing states. The funds appear to come from the billionaire’s America PAC, which he founded in support of Trump—and reportedly pumped with $75 million.
While the petition does not explicitly mention Trump, its support for his ticket over Vice President Kamala Harris is clear. It tells signatories they are signaling their “support of the Constitution, especially freedom of speech and the right to bear arms.”
Unsurprisingly, officials have concerns.
Gov. Josh Shapiro (D-Pa.) told Kristen Welker of NBC’s Meet the Press on Sunday, “there are real questions with how he is spending money in this race,” adding, “I think it’s something that law enforcement could take a look at.” (The Pennsylvania Attorney General’s Office did not immediately respond to a request for comment from Mother Jones.)
WATCH: Every day until Election Day, Elon Musk says he’ll give $1M to a voter who has signed his super PAC’s petition “in favor of free speech and the right to bear arms.”@JoshShapiroPA: “That is deeply concerning. … It's something that law enforcement could take a look at." pic.twitter.com/2mZY1b5YaL
— Meet the Press (@MeetThePress) October 20, 2024
Meanwhile, Sen. John Fetterman (D-Pa.) told the New York Post in an interview that “Musk is a concern,” adding, “not even just that he has endorsed [Trump], but the fact that now he’s becoming an active participant and showing up and doing rallies and things like that.”
Legal experts went further. Rick Hasen, professor of political science and director of the Safeguarding Democracy Project at UCLA School of Law, wrote that Musk’s promises are “clearly illegal,” citing federal election law that prohibits paying for voting or registering to vote, including via lottery. Adav Noti, executive director of the nonprofit Campaign Legal Center, told ABC News that the giveaway’s requirement that petition signers be registered voters “violates the federal ban on paying people to register to vote.” (The Department of Justice declined to comment.) Musk does not appear to have publicly replied to the critiques, and X no longer responds to journalists under his ownership.
This is far from the first time that Musk has wielded his absurd levels of wealth and power to try to sway the election in Trump’s favor: As I have reported, research has found that Musk’s sharing of election disinformation racked up billions of views on X.
Update, Oct. 21: This post was updated with a response from the Department of Justice.
The way the Justice Department works, five years from now they will indict Musk for election tampering, then ten years later they will go to trial and give him probation. Or Trump gets elected and Musk gets the Presidential Medal of Freedom. Either way, Musk, Trump and MAGA don’t care.