Elon Musk was warned by the DOJ that offering monetary incentives tied to voting intentions is illegal and violates federal law.
Elon Musk’s recent initiative, where he has promised to give $1 million daily to registered voters who sign a petition supporting the First and Second Amendments, has drawn attention from the Department of Justice (DOJ). So far, Musk has given away $4 million to voters in critical swing states and plans to continue through Election Day. However, the DOJ recently reminded him that such acts could violate federal law, as offering financial incentives to influence voting is punishable by up to five years in prison.
In a letter from the DOJ election crimes chief Robert Heberle, Musk was informed that offering monetary incentives tied to voting intentions is illegal and violates federal law. The letter, which was first reported by the “24sight” newsletter and has since been confirmed by other news outlets, suggested that there could be penalties for breaking US voting laws, including possible imprisonment of up to five years, though it didn’t confirm any immediate action.
Elon Musk’s petition is only available for voters in swing states.
Musk’s “America PAC” website details the requirements for eligibility, specifying that only registered voters in swing states such as Pennsylvania, Georgia, Nevada, Arizona, Michigan, Wisconsin, and North Carolina are eligible for the giveaway, which closes on November 5.
The petition reads: “The First and Second Amendments guarantee freedom of speech and the right to bear arms. By signing below, I am pledging my support for the First and Second Amendments.” It also says, “Our 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. This program is exclusively open to registered voters in Pennsylvania, Georgia, Nevada, Arizona, Michigan, Wisconsin, and North Carolina. Expires November 5.”
Recipients so far include three voters from Pennsylvania and one from North Carolina, who Musk publicly congratulated.
Congratulations, Andy! https://t.co/QaLyMZOJvk
— Elon Musk (@elonmusk) October 23, 2024
A DOJ spokesman declined The New York Times’ request for comment. Musk, his super PAC, and its lawyer have not responded to requests for comment, while election law expert Rick Hasen noted that this initiative is “clearly illegal,” since it is explicitly tied to voter registration in specific states.
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Elon Musk has been incredibly vocal about his support for Donald Trump. The Tesla CEO recently gave another $43.6 million to his America PAC that’s helping to elect former President Donald Trump, and has now spent more than $118 million bankrolling the super PAC while becoming one of Trump’s most prominent supporters.
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Musk has also been very outspoken with his criticism towards to Kamala Harris, the Democrats, and just about anything “woke.” He has gone on to repost several deepfake AI videos and photos mocking Presidential hopeful Kamala Harris and the Democrats, and has even posted a picture of Harris as a communist dictator on his X handle.
The SpaceX founder, who was born in Pretoria, South Africa, has also been one of the biggest promoters of anti-immigrant policies and has claimed that if Harris is elected instead of Trump, “this will be the last election.”