Elon Musk, the tech billionaire, has announced his plan to donate $1 million (£766,000) daily to a registered voter in crucial swing states before the US presidential election on November 5.
A random selection will determine the winner among individuals who sign a pro-US Constitution petition initiated by Mr. Musk‘s campaign organization, America PAC, established to bolster Republican nominee Donald Trump’s efforts to reclaim the presidency.
A surprised attendee at a town hall event in Pennsylvania received the first lottery-style cheque on Saturday night. A new cheque was distributed on Sunday.
Pennsylvania Governor Josh Shapiro, a Democrat aligned with Kamala Harris, expressed that Mr. Musk’s strategy is “deeply concerning.”
Shapiro told NBC News’ Meet the Press that law enforcement might need to investigate the payments.
The contest invites participation from voters in Pennsylvania, Georgia, Nevada, Arizona, Michigan, Wisconsin, and North Carolina—critical battleground states that will play a decisive role in determining the outcome of the White House election.
Election law expert Rick Hasen wrote on his personal Election Law Blog that he considers Mr. Musk’s offer “clearly illegal.”
According to federal law, individuals who pay or offer payment for voter registration or voting may be subject to severe penalties, including a fine of up to $10,000 or a five-year prison sentence.
While Mr. Musk is formally requesting voters to complete a form, Mr. Hasen raised concerns regarding the underlying motives of this approach.
Who is eligible to sign the petitions? “Only registered voters in swing states, which is what makes it illegal,” stated Mr. Hasen, a professor at the University of California, Los Angeles (UCLA) law school.
Individuals who endorse the petition, which advocates for free speech and gun rights, are required to provide their contact information. This could enable AmericaPAC to contact them regarding their voting preferences.
Requests for comment have been made to both Mr. Musk and America PAC.
Political campaigns and action committees use strategies such as petition signing, survey requests, and merchandise sales to amass extensive databases of voter information. The data can subsequently be utilized with greater precision to identify and engage voters and secure funding from existing supporters.
In Pennsylvania, Mr. Musk is incentivizing voters with $100 for signing the petition and an additional $100 for every individual they refer who also signs. In various battleground states, voters receive $47 for each referral they make.
The strategy could potentially exploit a loophole in US election law, as there is no direct payment for votes. However, it does introduce financial incentives that may help identify voters who are likely to support Trump.
In the United States, offering payments to incentivize individuals to vote is prohibited. This ban extends not only to payments for supporting a specific candidate but also to any financial compensation for the act of voting itself.
The regulation led ice cream manufacturer Ben & Jerry’s to offer complimentary products to all on election day in 2008, despite an initial intention to restrict the giveaway to individuals displaying an “I voted” sticker.
During a campaign event on Sunday, Trump responded to inquiries regarding Mr. Musk’s recent giveaway.
“I haven’t kept up with that,” he stated, noting that he frequently communicates with Mr. Musk and considers him a “friend.”
The individual behind SpaceX and Tesla, as well as the owner of X, previously known as Twitter, has positioned himself as a prominent supporter of Donald Trump.
In July, Mr. Musk initiated America PAC, intending to bolster the campaign of the former president.
To date, he has contributed $75 million (£57.5 million) to the organization, which has rapidly emerged as a key player in Trump’s election campaign.
The Trump campaign depends significantly on external organizations like America PAC to engage with voters.
A statement posted on the group’s website outlines AmericaPAC’s foundational principles, which include Secure Borders, Safe Cities, Sensible Spending, a Fair Justice System, Free Speech, and the Right to Self-Protection.
Mr. Musk expressed his ambition to gather “over a million, maybe two million, voters in the battleground states to sign the petition in support of the First and Second Amendment.”
“I believe this conveys an important message to our elected officials,” he stated.
Elon Musk holds the title of the world’s richest individual, boasting an estimated net worth of $248 billion (£191 billion), as reported by the US business publication Forbes.