On Sunday, Pennsylvania Gov. Josh Shapiro questioned the legality of a daily lottery of $1 million operated by Elon Musk. To be eligible for the lottery and to attend a Musk event, voters must sign an America PAC petition relating to the first and second amendments. In Pennsylvania, only registered voters may sign petitions. In effect, Musk is bribing non-registered Pennsylvanians to register to vote.
Rick Hasen, law professor at the University of California, Los Angeles, wrote in Election Law Blog that Musk has “Veer[ed] Into Clearly Illegal Vote Buying.”
Hason points to 52 U.S.C. 10307(c):
“Whoever …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 (emphasis added).
Hason notes that the Department of Justice Election Crimes manual includes “lottery chances” in its definition of a bribe. He writes:
For an offer or a payment to violate Section 10307(c), it must have been intended to induce or reward the voter for engaging in one or more acts necessary to cast a ballot…
Essentially what you’re doing is you are creating a lottery. You’re creating a lottery where the only people eligible to participate in the lottery are people who register to vote, or are registered to vote, and that’s illegal.
Musk is also bribing registered voters to solicit voter registrations for pay:
“In appreciation for your support, you will receive $47 for each registered voter you refer that signs this petition,” the petition states.
On Saturday Musk gave the first check to John Dreher in Harrisburg. Musk said he picked Dreher at random.
Gov. Shapiro called Musk’s actions “deeply concerning.”
[W]hen you start flowing this kind of money into politics, I think it raises serious questions that [law enforcement] may want to take a look at.
“Deeply concerning” is an understatement. Moreover, lotteries have to be endorsed by the Commonwealth.
The lottery is open only in swing states, which privileges those voters over voters in other states.
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. Which is what makes his actions a federal crime. It should be swiftly investigated and prosecuted.
— Matt McDermott (@mattmfm) October 20, 2024
We are less than three weeks from the election. Will the Department of Justice and the Federal Elections Commission act promptly?
Not holding my breath in Seattle.
On the plus side:
Elon Musk would not be paying random people 1 million dollars to vote for Trump if their internal polls said he was winning.
— Paiyslee??? (@Paiyslee) October 20, 2024
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The stakes in November have never been more urgent, nor the choices more extreme.
Remember: you are not voting for one person. You are voting for a team.
I’m voting for Team America not Team Russia-Hungary-North Korea.
Known for gnawing at complex questions like a terrier with a bone. Digital evangelist, writer, teacher. Transplanted Southerner; teach newbies to ride motorcycles. @kegill (Twitter and Mastodon.social); wiredpen.com