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Is Elon Musk's $1-million daily giveaway to Trump voters illegal?

Elon Musk gestures as he speaks at Life Center Church in Harrisburg, Pa., Saturday, 19 October 2024.
Elon Musk gestures as he speaks at Life Center Church in Harrisburg, Pa., Saturday, 19 October 2024. Copyright  Sean Simmers/The Patriot-News via AP
Copyright Sean Simmers/The Patriot-News via AP
By Oman Al Yahyai with AP
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The pledge by SpaceX, Tesla and X mogul has raised legal concerns, with experts suggesting that offering cash incentives tied to voter registration could violate election laws.

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Elon Musk, the billionaire founder of Tesla and SpaceX and owner of X, has pledged to give away $1 million (around €921,000) a day to voters who sign his political action committee’s petition. 

The petition, tied to Musk's backing of the Republican candidate Donald Trump’s White House campaign, claims to support the US constitution's first and second amendments. Musk has already committed at least $70 million (€64,5m) to help Trump. 

However, questions have emerged over whether this type of direct financial backing of would-be voters is truly legal.

“I think there are real questions with how he is spending money in this race, how the dark money, not just into Pennsylvania, but apparently now into the pockets of Pennsylvanians. That is deeply concerning,” Pennsylvania Governor Robert Shapiro said during an appearance on NBC.

The cash giveaway, part of Musk’s America PAC campaign tour in Pennsylvania, a key election battleground, has spurred law experts to argue that linking a financial incentive to signing a petition requiring voter registration could violate US election laws. 

Is Musk in legal trouble?

Additionally, some experts warn that the giveaway could be seen as an attempt to influence the election outcome by incentivising voter registration. 

Rick Hasen, a political science professor at UCLA Law School, cited a law that bans payments for voter registration or voting. “If all he was doing was paying people to sign the petition, that might be a waste of money. But there is nothing illegal about it,” explained Hasen.

“The problem is that the only people eligible to participate in this giveaway are the people who are registered to vote. And that makes it illegal,” he added. 

Musk has been handing out cheques during public events, including in Harrisburg,  Pennsylvania, with plans to continue until the US election on 5 November. 

While some see this as a questionable legal move, Musk’s actions are part of a broader effort to mobilise support for Trump in key states. 

This is not the first time Musk’s PAC has offered cash incentives. Musk previously announced on X that he would pay people $100 (around €92) for referrals to register voters and for signing the petition.

Trump, who was asked about the initiative during a campaign stop, said he was not closely following the situation but called Musk a friend and praised his contributions to the country. 

The Federal Election Commission (FEC) typically forbids coordination between campaigns and super PACS, but recent rulings have allowed certain collaborations, especially in get-out-and-vote efforts. 

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