Elon Musk, the billionaire founder of Tesla and SpaceX and owner of X, has pledged at least $70 million to support Donald Trump’s presidential campaign. Recently, he announced a plan to give away $1 million a day until November 5, 2024, for individuals who sign his political action committee’s (PAC) petition endorsing First and Second Amendment rights.
Musk’s America PAC is currently touring Pennsylvania, a critical battleground state, to register voters in favor of Trump. During a recent event in Harrisburg, he awarded a check to a participant, John Dreher, and distributed additional checks over the weekend. This is not Musk’s first cash incentive; he previously offered payments of $47 and $100 for referrals to register and sign the petition.
Democratic Governor Josh Shapiro of Pennsylvania has expressed concern regarding Musk’s financial tactics, stating that the flow of “dark money” into the state and directly into voters’ pockets is troubling. “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. That is deeply concerning” speaking on NBC’s “Meet the Press,” he raised questions about the legality of Musk’s funding methods.
Election law experts are voicing serious concerns about the legality of Musk’s initiative. Brendan Fischer, a campaign finance lawyer, noted that conditioning the cash handout on voter registration may violate laws prohibiting payment for registering to vote. He stated, “Conditioning the payments on registration arguably violates the law.”
Rick Hasen, a professor at UCLA Law School, elaborated that while paying people simply to sign a petition is not illegal, requiring them to be registered to vote creates potential legal issues. Northwestern University law professor Michael Kang agreed, suggesting that the proximity to Election Day complicates the situation, making it seem like an effort to incentivize voter registration.
Traditionally, coordination between campaigns and super PACs is prohibited. However, a recent opinion from the Federal Election Commission has allowed for some collaboration, particularly in get-out-the-vote efforts.
As concerns mount regarding the legality and ethics of Musk’s giveaway, both the PAC and the Justice Department have been contacted for comments, but responses are still pending.
