Elon Musk’s $1 million daily lottery aimed at registered voters in swing states has sparked a wave of controversy and legal scrutiny. The lottery, launched through Musk’s America PAC, requires participants to sign a petition supporting free speech and gun rights, but only registered voters from seven critical battleground states are eligible to participate. While the initiative has garnered attention, legal experts are divided on whether the scheme crosses the line into illegal territory under U.S. election law.
At the heart of the debate is whether Musk’s plan constitutes an illegal inducement to register to vote, which is prohibited by federal law. Specifically, election law forbids paying individuals to vote or register to vote. However, Musk’s supporters argue that the lottery skirts these restrictions by offering prizes for signing a petition, not for voting or registering. This gray area has fueled discussions among legal scholars about the legality of the initiative.
Several election law experts have voiced concerns. John Fortier, an election law expert at the American Enterprise Institute, stated that Musk’s lottery could potentially violate federal law, although it is unclear whether the program crosses the legal threshold. Similarly, Michael Morse, a law professor at the University of Pennsylvania, described the initiative as highly questionable and said it could be interpreted as an indirect inducement to register. Federal law prohibits paying people to register to vote, but the key question is whether Musk’s plan constitutes payment for signing a petition or for registration itself.
Adding to the complexity is the fact that the lottery targets voters in swing states, which are critical in determining the outcome of elections. Some experts, like Rick Hasen of UCLA’s Safeguarding Democracy Project, have outright stated that Musk’s lottery is illegal. Hasen points to the U.S. Justice Department’s Election Crimes Manual, which lists “lottery chances” as a form of bribery when used to induce voter participation. He argues that since the lottery is only available to registered voters, it is a clear violation of federal law.
Despite these concerns, law enforcement agencies have not taken immediate action. While Pennsylvania Governor Josh Shapiro has publicly criticized the lottery and suggested that it warrants legal investigation, experts believe that the Department of Justice may not prioritize this case in the final weeks before the election. Michael Morse pointed out that the Justice Department is likely too busy with other election-related matters to pursue Musk’s lottery before the voting period ends.
Elon Musk, meanwhile, has defended the legality of his initiative, arguing that the lottery is open to voters of any party or none at all, and that signing the petition does not obligate anyone to vote. Nevertheless, the initiative has drawn sharp criticism from both Democrats and former Republican officials, who have called for further investigation into whether the lottery violates federal and state laws. The U.S. Justice Department has received a request to investigate the scheme, and legal scholars remain divided on whether Musk’s lottery constitutes a violation of election law or simply exploits a legal loophole.
As the controversy unfolds, one thing is clear: the intersection of money, politics, and voter participation remains a sensitive and legally complex area. Musk’s $1 million lottery may be innovative, but it has raised fundamental questions about the boundaries of election law and the role of financial incentives in democratic processes. Whether the initiative leads to any legal repercussions or not, it highlights ongoing debates about the influence of wealth in politics and the ethical limits of voter engagement strategies.
Sources:
NBC News. “Musk’s $1 million voter petition lottery falls into legal gray area, experts say.” NBC News.
BBC. “Elon Musk’s $1 million daily lottery for swing state voters sparks legal concerns.” BBC News.
Reuters. “Elon Musk promises to award $1 million each day to signer of his petition.” Reuters.
CNN. “Justice Department warns Elon Musk that his $1 million giveaway to registered voters may be illegal.” CNN.
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