Wondering whether or not Elon Musk’s little election giveaway stunt—wherein the richest man in the world has pledged to give $1 million a day to petition-signing registered voters, as part his attempt to get Donald Trump elected—is legal? Wonder no longer! It very likely is not, according to the Department of Justice, which got in touch with Musk this week.
In a letter sent days after he announced the sweepstakes, Robert Heberle, the head of the DOJ’s election crimes branch, told Musk that offering anything of monetary value to influence voters violates federal law. (The letter was first reported by the “24sight” newsletter and has been confirmed by other news outlets.) The letter reportedly “did not specify any immediate legal action” but “did spell out the penalties for breaking US voting laws, including possible imprisonment of up to five years.”
On the website for Musk’s “America PAC,” the petition that would-be $1 million recipients are required to sign reads: “The First and Second Amendments guarantee freedom of speech and the right to bear arms. By signing below, I am pledging my support for the First and Second Amendments.” It also says, “Our goal is to get 1 million registered voters in swing states to sign in support of the Constitution, especially freedom of speech and the right to bear arms. This program is exclusively open to registered voters in Pennsylvania, Georgia, Nevada, Arizona, Michigan, Wisconsin, and North Carolina. Expires November 5.” Four people—three in Pennsylvania and one in North Carolina—have been awarded money so far, most recently “Andy from Holly Springs, NC,” whom Musk congratulated Wednesday.
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A DOJ spokesman declined The New York Times’ request for comment. Musk, his super PAC, and its lawyer have not responded to requests for comment. Rick Hasen, the director of the UCLA School of Law’s Safeguarding Democracy Project, wrote on his blog Saturday that Musk’s plan is “clearly illegal” because the petition stipulates signers are registered voters in certain states.
Speaking at a rally in Wisconsin on Tuesday, Tim Walz called Musk a “dipshit” and told the crowd: “That guy is literally the richest man in the world. And he’s spending millions of dollars to help Donald Trump buy an election.”
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