Elon Musk's plan to boost voter registration in swing states has drawn the attention of the U.S. Department of Justice (DOJ), which recently warned his political action committee (PAC) that the $1 million giveaway associated with the effort might be illegal. Musk's America PAC, a major supporter of Donald Trump's 2024 presidential campaign, launched a sweepstakes offering registered voters a chance to win $1 million per day until Election Day. The campaign's stated goal is to encourage voter registration in key battleground states, but legal experts are raising red flags.
Federal law prohibits paying individuals to register to vote, and the structure of Musk's giveaway appears to be skating close to that line. Although Musk's PAC frames the $1 million prize as a reward for signing a petition supporting the First and Second Amendments, only registered voters from specific states are eligible to sign the petition, which sparked concerns.
The DOJ's public integrity section, responsible for investigating potential violations of election law, reportedly sent a letter to Musk's PAC warning of the potential legal issues surrounding the sweepstakes. The letter comes after Pennsylvania Gov. Josh Shapiro, a Democrat and former attorney general, called for an investigation into the legality of Musk's effort. Shapiro labeled the giveaway "deeply concerning" and deserving of further scrutiny.
In response, Musk took to his social media platform X, where he dismissed Shapiro's concerns and defended the initiative. Musk wrote that the giveaway was open to people from any political party or even those who choose not to vote. He did not, however, address the legal question of why only registered voters from certain states are eligible for the sweepstakes.
Initially, Musk's PAC promoted the $1 million prize as a sweepstakes aimed at registering voters, but after legal concerns surfaced, the group modified its messaging. Social media posts from the PAC now describe the prize as payment for serving as a "spokesperson" for the PAC, and winners have begun to appear in pro-Trump testimonial videos. However, the underlying conditions for entry into the lottery, which require signing a petition as a registered voter in specific states, remain unchanged on the PAC's website.
Legal experts argue that these changes may not be enough to avoid violations of federal law. Paul Smith, an election law expert, told CNN that the sweepstakes remains problematic. "You can't pay people to register to vote," he said. "This giveaway is walking a fine line, and changing the wording doesn't necessarily solve the core issue."
Despite the mounting legal pressure, Musk's PAC shows no signs of halting the controversial promotion. Musk handed out two $1 million checks over the weekend-one to a voter in Pennsylvania and another in North Carolina. He publicly congratulated the winners on X, encouraging more voters to participate.
Musk's involvement in Trump's campaign is highly unusual for a billionaire of his stature. Not only has he donated millions of dollars to Trump's re-election bid, but he has also appeared in person at campaign rallies and actively promoted Trump's candidacy online. Musk has used his massive following on X, which he acquired in 2022, to spread pro-Trump messages and attack Vice President Kamala Harris. Analysts believe Musk is banking on a second Trump presidency to advance his long-standing deregulatory agenda, which would benefit his various business ventures, including Tesla and SpaceX.
The Justice Department's letter is not the first time Musk has attracted legal scrutiny for his actions. In 2018, Musk and Tesla paid $40 million in fines after Musk tweeted that he was taking Tesla private at $420 per share-a tweet regulators deemed misleading to investors. Musk later tweeted that he had no regrets about the post and that the fines were "worth it."
