Tesla founder and X CEO Elon Musk announced Saturday that he will hand out $1 million daily in a lottery for registered voters in battleground states up until Nov. 5, prompting harsh criticism from critics who say the move appears to clearly violate federal law.
“I have a surprise for you. We are going to be awarding $1 million to people who have signed the petition — every day, from now until the election,” Musk told a crowd in Pennsylvania. He then handed the first daily lottery winner a check for $1 million.
To be eligible for the proposed lottery, voters have to sign a petition “to support free speech & the right to bear arms” put out by Musk’s pro-Trump super PAC, America PAC. Musk has poured over $75 million into America PAC, according to filings with the Federal Election Commission.
According to its website, the petition’s 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.” Registered Voters in Pennsylvania, Georgia, Nevada, Michigan, Arizona, Wisconsin and North Carolina are eligible.
“All you need to do is sign the @America petition in support of the Constitutional rights to free speech & bear arms to have a daily chance of winning $1,000,000!” Musk wrote in a post on X. “You can be from any or no political party and you don’t even have to vote.”
Musk, the world’s richest man, has emerged this election cycle as one of the GOP’s most important mega-donors. A vocal supporter of former President Donald Trump, he is also in control of one of the world’s most far-reaching social platforms, which he’s used to spread pro-Trump messaging and misinformation about the Democratic nominee, Vice President Kamala Harris.
But legal experts say the billionaire may have gone too far this time.
“Though some of the other things Musk was doing were of murky legality, this one is clearly illegal,” UCLA law professor Richard L. Hansen wrote on his website, "Election Law Blog."
Hansen pointed to Section 52 U.S.C. 10307(c) of the federal code, which states that any person who “pays or offers to pay or accepts payment either for registration to vote or for voting shall be fined not more than $10,000 or imprisoned not more than five years, or both." He added that Musk is also in violation of the Department of Justice Election Crimes Manual, which defines illegal bribes to incentivize voting as “anything having monetary value, including cash, liquor, lottery chances, and welfare benefits.”
“I’d like to hear if there’s anyone who thinks this is not a clear case of a violation,” Hansen wrote.
Former Justice Department official David Becker also pointed out that anybody who accepts a Musk payment could be in legal jeopardy too.
“Not only Musk, but anyone accepting this payment, could be subject to fines and up to 5 years in prison,” Becker wrote on X.
“Admittedly, I would be happy to sign a meaningless petition for Elon Musk to give me one million dollars. But I’m not eligible, because I’m not a registered voter in a swing state,” Democratic pollster and strategist Matt McDermott wrote. “Which is what makes his actions a federal crime. It should be swiftly investigated and prosecuted.”
In an interview on NBC’s “Meet the Press,” Pennsylvania Gov. Josh Shapiro said Musk’s lottery was “deeply concerning” and raises “serious questions” worthy of investigation.
“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.
