Elon Musk's $1m-a-Day Giveaway to Swing State Voters Sparks Legal and Ethical Concerns
Tech billionaire Elon Musk, a prominent supporter of Donald Trump, has announced a controversial initiative: he will give away $1 million a day to a randomly selected voter from key US swing states until the presidential election on November 5. This effort, organized through his AmericaPAC campaign group, aims to boost Trump’s bid for re-election and gather support for constitutional rights such as free speech and gun ownership.
The strategy, however, has raised alarm among election law experts and political figures. Pennsylvania Governor Josh Shapiro, a Democrat who supports Vice President Kamala Harris, expressed concern, stating, "Law enforcement should potentially look at the payments." Critics, including election law expert Rick Hasen from UCLA, argue that Musk's offer could be illegal under federal law, which prohibits paying voters to register or vote.
The Contest and Its Legal Implications
Musk’s contest targets voters in critical battleground states: Pennsylvania, Georgia, Nevada, Arizona, Michigan, Wisconsin, and North Carolina. Participants must sign a pro-constitution petition and provide personal contact information, which could be used by AmericaPAC to build a targeted voter database. While Musk's offer does not explicitly pay people to vote, the financial incentives tied to petition signing and referrals may skirt election laws in a grey area.
Election law expert Rick Hasen warned that while the petition asks voters to sign in support of certain political values, it is restricted to registered voters in swing states, potentially violating federal statutes. Hasen highlighted that federal law imposes fines or prison sentences for those who offer payments related to voter registration or voting.
In Pennsylvania, Musk is giving $100 to each voter who signs the petition and another $100 for every referral that leads to a new signature, with a slightly lower amount of $47 per referral in other states.
Growing Influence of Musk and AmericaPAC
Elon Musk has emerged as a central figure in the Trump campaign, creating AmericaPAC in July with the purpose of backing Trump’s election bid. So far, Musk has contributed $75 million to the PAC, which has become a crucial player in canvassing voters for the 2024 election. Trump’s campaign relies heavily on external groups like AmericaPAC to mobilize voters, especially in key battleground regions.
Musk defended the giveaway, framing it as a way to encourage support for fundamental rights, including the First and Second Amendments. "I think [it] sends a crucial message to our elected politicians,” Musk said, emphasizing the need to gather one to two million signatures in the swing states.
However, legal experts and political observers argue that this type of financial incentive risks distorting the electoral process. By linking money with voter engagement, Musk’s initiative may undermine the integrity of the democratic process.
A Troubling Precedent?
Musk's lottery-style initiative is not the first time incentives have been tied to election participation. In 2008, Ben & Jerry's faced similar scrutiny for offering free ice cream on Election Day but avoided legal consequences by providing the treat to everyone, not just voters. However, the direct payments involved in Musk’s contest raise far more serious questions about the influence of wealth in politics.
Musk’s involvement in politics has rapidly grown in the lead-up to the 2024 election, with his fortune now estimated at $248 billion. His backing of Trump and AmericaPAC has solidified his position as one of the key financial backers of the Republican campaign. Yet, as the debate continues over the legality and ethics of his voter outreach strategy, Musk’s influence in US politics is becoming increasingly controversial.