Gov. Josh Shapiro has serious concerns about billionaire Elon Musk‘s million-dollar giveaway to registered voters, which one expert says is “clearly illegal.”
Musk has vowed to give away one million dollars each day to a randomly selected battleground state signer of his conservative-leaning petition encouraging registered Republicans to vote. He gave away the first check to a signer of his “Petition in Favor of Free Speech and the Right to Bear Arms” at his America PAC event in Harrisburg, Pennsylvania, on Saturday. Musk is also promising cash to those who refer other registered voters to sign the petition. “In appreciation for your support, you will receive $47 for each registered voter you refer that signs this petition,” the petition states.
But Shapiro has serious questions about the legality of Musk’s enticements.
“I think there are real questions with how he is spending money in this race, how the dark money is flowing, not just into Pennsylvania, but apparently now into the pockets of Pennsylvanians,” Shapiro said Sunday on Meet the Press. “That is deeply concerning. Look, Musk obviously has a right to be able to express his views. He’s made it very, very clear that he supports Donald Trump. I don’t – obviously, we have a difference of opinion. I don’t deny him that right. But when you start flowing this kind of money into politics, I think it raises serious questions that folks may want to take a look at.”
“So you think it might not be legal, yes or no?” Welker asked.
“I think it’s something that law enforcement could take a look at,” Shapiro said. “I’m not the attorney general any more of Pennsylvania. I’m the governor, but it does raise some serious questions.”
According to a Justice Department election crimes manual, it is illegal to pay citizens with the intent to persuade them to vote or to register a vote. It prohibits enticing votes or registrations with cash but also things with monetary value, including lottery chances. However, because Musk is paying people to sign his petition, he may be trying to skirt those laws.
But Rick Hasen, a political science professor and Director of the Safeguarding Democracy Project at UCLA School of Law, said in a post on Election Law Blog that Musk’s actions may be illegal because being eligible to win the million is contingent on registering to vote.
“The only petition signers eligible for participation in the $1 million Elon Musk lottery are those who are registered to vote. So it’s an illegal incentive to register or reward for registering. Both are illegal,” Hansen wrote on X.