Tech billionaire Elon Musk has once again found himself in the eye of a political storm. This time, it’s about his million-dollar cash giveaways to voters in key swing states ahead of the upcoming US election.
Musk’s initiative, which promises daily payments of $1 million to lucky signatories of a petition supporting free speech and gun rights, has raised serious questions about its legality.
The offer is being made through Musk’s political action committee, America PAC, which was created to support former president Donald Trump’s 2024 bid for the White House. Voters in states like Georgia, Nevada, Arizona, Michigan, Wisconsin, North Carolina, and Pennsylvania are being targeted.
The cash incentive is simple but powerful. Voters sign a petition, and each day, one is chosen to win $1 million. According to Musk’s PAC, this lottery-style system is open to anyone registered to vote, regardless of political affiliation.
But critics are now asking: Is this legal?
Eleven former Republican officials have voiced concerns, joining the growing number of legal experts questioning Musk’s actions. They argue that the cash incentives could violate American electoral laws, specifically the one that prohibits paying or offering to pay voters to register or vote.
Paul Schiff Berman, a law professor at George Washington University, was quick to speak out.
“I believe Musk’s offer is likely illegal,” he told the BBC. “The law is very clear on this. If you pay someone to register to vote or for voting, it’s a serious offense.”
Berman pointed to the US Code on electoral law, which states that offering money to register or vote can result in a $10,000 fine or even up to five years in prison.
The US Department of Justice has received a request from the former Republican officials, urging an investigation into Musk’s financial incentives. But so far, the department has not publicly commented on the case.
Despite the growing outcry, some legal minds believe Musk’s actions fall into a legal grey area.
Brad Smith, a former chairman of the Federal Election Commission (FEC), argued that the scheme might be technically legal.
“Musk isn’t paying people to vote or register to vote. He’s paying them to sign a petition,” Smith told the New York Times. “It’s a grey area, but it’s not that close to the line.”
Musk has defended his actions on social media, saying, “You don’t even have to vote. You just have to sign the petition.”
The petition itself champions support for two key amendments of the US Constitution: free speech and the right to bear arms.
Each signature increases the chances of winning the $1 million prize, and even referrals come with cash bonuses. Those who refer a voter to sign up are promised $47, and in Pennsylvania, a key battleground state, this sum rises to $100.
As the controversy grows, more public figures are stepping in. Pennsylvania’s Democratic Governor, Josh Shapiro, called the move “deeply concerning” and urged law enforcement to investigate.
Election law professor Michael Kang from Northwestern University sees the situation differently. He believes the context of the scheme makes it problematic.
“It’s clearly designed to induce people to register to vote,” Kang told the BBC. “That’s where the legal problem lies.”
Others, like billionaire Mark Cuban, see Musk’s offer as both desperate and innovative.
“You only do something like this when you feel you have to,” Cuban said in an interview with CNBC. “It’s a gamble. It could backfire just as easily as it could work.”
Meanwhile, Michigan Secretary of State Jocelyn Benson described Musk’s actions as “unnerving.” She believes the billionaire may be trying to manipulate the election process with his million-dollar prizes.
Musk’s critics argue that this kind of voter incentive is unprecedented in modern US political history.
In response, Musk has pointed to past efforts by Democratic donors like Mark Zuckerberg, who in 2020 donated $400 million to two non-partisan organizations helping with election logistics. However, this money was not handed out directly to voters.
Democrats have also funded voter registration drives, but these initiatives generally focus on getting people registered, not on paying individuals for their participation.
“It’s legal to pay people to go out and register voters,” said Professor Kang. “But you can’t pay voters directly.
This latest controversy highlights Musk’s increasing involvement in American politics. Though he has had a complicated relationship with Trump in the past, Musk has now emerged as one of the former president’s biggest backers.
America PAC, which Musk launched in July, has already received $75 million from the world’s richest man. Musk’s social media activity, donations, and public appearances have all been geared toward supporting Trump’s return to power.
Musk has appeared on the campaign trail alongside Trump, and more recently, he has started holding town hall events on his own. The first million-dollar giveaway was handed out during one of these events in Pennsylvania.