Billionaire entrepreneur Elon Musk may be able to "throw his money around in an attempt to directly influence the outcome of this election," as one legal expert said of his latest ploy to help Republican presidential nominee Donald Trump, but consumer advocacy watchdog Public Citizen on Wednesday said Musk has crossed a legal line in recent days by offering voters direct cash payments in exchange for signing a petition.
The group filed a formal complaint with the Federal Election Commission (FEC) over Musk's pledge to award a randomly selected registered voter in a swing state with $1 million each day until Election Day, if they sign a petition in favor of the First and Second Amendments.
The offer is only open to people in Pennsylvania, Nevada, Arizona, Michigan, Wisconsin, Georgia, and North Carolina, and those who are selected must become registered voters before signing the petition, which was launched by Musk's America PAC.
The requirement that prospective winners of Musk's lottery register to vote violates 52 U.S.C. §10307(c), Public Citizen said. The law reads in part that anyone who "pays or offers to pay or accepts payment either for registration to vote or for voting shall be fined not more than $10,000 or imprisoned not more than five years, or both."
"Elon Musk's behavior is just the latest—and most egregious—example of wealthy special interests distorting our political process at the expense of everyday voters."
So far, Musk has given four people—two in Pennsylvania and one in North Carolina—checks for $1 million.
"Elon Musk's $1 million giveaway to registered voters—and only registered voters—in swing states is a not-so-disguised attempt to buy votes and it appears to veer smack dab into violating federal law against paying people to register and vote," said Craig Holman, government affairs lobbyist for Public Citizen. "Public Citizen is filing a complaint with the Federal Election Commission challenging Musk's latest denigration of the right to vote freely and fairly."
Legal experts also raised alarm in August after CNBC reported America PAC was collecting personal information from people in battleground states with a website that appeared to help them register to vote—but didn't.
Musk's ties to Trump's campaign have also prompted the United Auto Workers to file federal labor charges against both men after they released an interview on X, Musk's social media platform, in which Trump praised the billionaire for firing striking workers. Their comments, said the UAW, amounted to "illegal attempts to threaten and intimidate workers who stand up for themselves by engaging in protected concerted activity, such as strikes."
On Monday, Campaign Legal Center executive director Adav Noti said the Biden administration should take action against Musk's offer to pay people to register in swing states.
"Elon Musk's behavior is just the latest—and most egregious—example of wealthy special interests distorting our political process at the expense of everyday voters," said Noti. "It is illegal to buy votes, it is illegal to buy voter registration, and the Department of Justice has the power to enforce these important laws through civil or criminal action."
