Tesla CEO Elon Musk‘s daily $1 million giveaway for voters who sign his petition looks like it’s running straight into legal trouble.
Saturday was the first day Musk gave a random petition signer the cash award. Signers of the petition would be pledging their support for the First and Second Amendments, which have been Musk’s cited reasons for endorsing former President Donald Trump. They also must already be registered voters in any one of the seven swing states: Arizona, Nevada, Wisconsin, Michigan, Pennsylvania, North Carolina, or Georgia.
However, some are arguing that Musk is appearing to bribe people to register to vote. While his giveaway will continue until the election on Nov. 5, its inception near Pennsylvania and Michigan’s deadline to register on Monday has raised the alarm for legal experts worried about whether Musk is breaking the law with his gambit.
It is against federal law to pay or offer to pay in exchange for a registration to vote. Gov. Josh Shapiro (D-PA) called the giveaway “deeply concerning” on Sunday while on Meet the Press, and he said it could become “something that law enforcement could take a look at.”
UCLA School of Law political science professor Rick Hasen referred to that strategy as “clearly illegal vote buying” in a blog post. However, he pointed out that paid leave on Election Day or free rides to polling stations are alright within the law.
“Such things are given to make it easier for people to vote, not to induce them to do so. This distinction is important,” Hasen wrote.
Petitions are federally protected under the First Amendment. Their inclusion in the Constitution leaves no legal requirement surrounding petitions.
The petition doesn’t register people to vote or require anyone to show up at a polling place on Election Day. While the petition requires an email address and a cellphone number to sign it, the website promises to use the number only “to confirm you are the legitimate petition signer. No other purpose.”
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“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,” the website reads.
Musk’s America PAC is additionally offering $47 for every referral that results in a signature via his pro-Trump super PAC. The referral deadline is also on Monday.