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Tesla CEO Elon Musk’s plan to provide out $1 million prize to registered voters in swing states as he stumps for former President Donald Trump has raised issues and may very well be unlawful, some election legislation consultants counsel.
Every day till the Nov. 5 election, Musk, the world’s richest man, plans on giving a million-dollar prize to individuals who signal a petition in assist of the First and Second Amendments of the Constitution, which assure freedom of speech and the fitting to bear arms, amongst different rights. In order to win the cash, petitioners need to be a registered voter from one of many following battleground states: Pennsylvania, Georgia, Nevada, Arizona, Michigan, Wisconsin, and North Carolina.
Experts say that the prize may very well be a violation of federal legislation, which says that anybody who pays or accepts funds to register to vote may very well be fined as much as $10,000 and/or obtain as much as 5 years of imprisonment.
“It is prohibited to provide out cash on the situation that recipients register as voters,” Adav Noti, govt director of the nonpartisan Campaign Legal Center, stated in a press release to TIME. “As the phrases of this ‘contest’ to win $1 million require the recipient to be a registered voter in one in every of seven swing states (or to register in the event that they haven’t already), the supply violates federal legislation and is topic to civil or felony enforcement by the Department of Justice.”
In response to on-line arguments that Musk is paying to register Republicans, the tech mogul tweeted on Sunday that the winner of the prize is chosen by a petitioner that helps constitutional rights. “You could be from any or no political party and also you don’t even need to vote,” Musk wrote. In different phrases, Musk’s protection of the prize depends on the truth that it isn’t instantly handed out for voter registration, however slightly for signing the petition.
John Hardin Young, an adjunct professor of election legislation at William and Mary School of Law, argues that Musk is “vote shopping for” in a focused method. He says Musk is supporting Trump underneath the guise of “supporting these petitions for First and Second modification rights and registering to vote.”
“We all agree that registering to vote is necessary to democracy,” Young says. “[But] the prize is offered solely to registered voters within the seven swing states as a result of they might and possibly will have an effect on the result of the presidential election. That, in and of itself, is powerful proof that Musk’s intent is to affect the race.”
The petition is part of America PAC, a political motion committee based by Musk to assist Trump. Under America PAC, Pennsylvania voters obtained $100 for signing the petition, and an extra $100 for each registered voter they referred to the petition. Voters from different states will get $47 for doing the identical.
So far, two folks—from Pittsburgh and Harrisburg, Penn.—have obtained the million-dollar prize from Musk. According to America PAC’s X account, those that are chosen for the prize earn the cash “as a spokesperson for America PAC.” Young cautions that winners of the prize, not simply Musk, may probably have authorized motion taken towards them.
The petition web site says their purpose is to get 1 million registered voters in swing states to signal the petition.
Richard Hasen, a UCLA legislation professor, and creator of Election Law Blog, wrote that Musk was “basically incentivizing doubtless Trump voters in PA to register to vote,” since voters must register to win the prize. “If they weren’t already, they’d do it now.” Hasen additionally pointed to the Department of Justice’s Federal Prosecution of Election Offenses handbook, which prohibits “any fee made or supplied to a would-be voter “for registering to vote or for voting.”
Pennsylvania Gov. Josh Shapiro additionally expressed concern at Musk’s actions in an interview with NBC’s “Meet the Press” on Sunday. “I feel it’s one thing that legislation enforcement may check out. I’m not the lawyer basic anymore of Pennsylvania, I’m the governor, however it does increase some critical questions,” he stated.
