Tesla CEO Elon Musk, who is supporting Donald Trump in the US Presidential Elections, has offered $1 million to Pennsylvania voters to sign a petition advocating for the First (freedom of religion, speech, press) and Second Amendments (right to bear arms).
As Musk intensifies his support for Trump’s 2024 presidential campaign, election law experts have questioned how such financial incentives may violate federal election laws.
The money is the latest example of Musk using his extraordinary wealth to influence the tightly contested presidential race between Trump and his Democratic rival Vice President Kamala Harris. Pennsylvania is a must-win state for both Trump and Harris.
What’s Elon Musk’s Offer to Voters?
Musk on Saturday gave a $1 million check to an attendee at the rally in Harrisburg, Pennsylvania, which was hosted by Tesla’s America PAC.
On Sunday, Musk handed a second $1 million check to a woman at an event in Pittsburgh, according to a post by America PAC on X.
The initiative is set to reward Pennsylvania voters with a daily prize of $1 million for signing the petition advocating for the First and Second Amendments. Voters in other crucial swing states can earn $47 for each signature referral they provide. Musk aims to gather 1 million signatures, but the campaign has sparked a debate whether these incentives could breach federal election regulations.
The online 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”.
To be eligible for the $1 million, petition signers must be a registered voter and live in one of the seven swing states: Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin, according to the America PAC website.
Why Is Musk’s Campaign Illegal?
As per federal law, paying individuals to register or cast vote carries the risk of imprisonment. The prohibition covers not only monetary expenditures, but also anything of monetary value like liquor or lottery chances, a Justice Department election-crimes manual says. The manual also says some benefits to people such as voter rides to the polls, companies allowing paid leave to allow Americans the time to vote are common and legal.
Thus, Musk’s offer revolves around signing a petition rather than directly influencing voting or registration, which leaves the legal implications somewhat ambiguous.
Richard Hasen, an election law expert, as quoted by The Times of India, believes Musk’s incentives could be illegal depending on the intent behind them. He stated, “It’s similar to offering free food for voters wearing ‘I Voted’ stickers,” indicating that such actions could be seen as indirect inducements to participate in the electoral process, which may violate federal law.
Brad Smith, a former chairman of the Federal Election Commission, said this was “something of a gray area” but “not that close to the line.” “He’s not paying them to register to vote. He’s paying them to sign a petition — and he wants only people who are registered to vote to sign the petition. So, I think he comes out OK here,” Smith said, as quoted by The New York Times.
What Are Musk’s Political Ambitions?
Musk, who Forbes ranks as the world’s richest person, is the mega donor of the Republican Party, with $75 million contributed to America PAC, according to federal disclosures. This financial support has made the group a crucial component of Trump’s strategy to regain the White House. Musk’s increasing involvement in political causes highlights his growing influence in the 2024 presidential race.
Musk created America PAC in May, before endorsing Trump, though it has since played a pivotal role in Trump’s campaign, with as many as 400 employees in each of seven swing states, The Guardian reported.
He started endorsing Trump in July after the first assassination attempt on his life, and has since been campaigning in support of the former president both in person and on his social media platform X, formerly known as Twitter. Trump has said if elected in November, he would create a “government efficiency commission” and appoint Musk to lead it.
Many believe Musk’s hard turn to right could be due to his upbringing in apartheid-era South Africa, which may have influenced his views on immigration and demographic change. Musk frequently argues, without evidence, that an influx of undocumented immigrants threatens US democracy, echoing the “Great Replacement” theory prevalent among many whites in his childhood South Africa, as per AFP.
Musk’s personal experience when his daughter Vivian, then aged 18, legally changed her name and gender in 2022 has also shaped his political affiliation. He claimed that his child was “killed” by the “woke mind virus” instilled at an elite California school.
He also uses his X account, with more than 200 million followers, to amplify misinformation and controversial narratives that align with Trump’s campaign messaging. “Musk is helping to mainstream these racist conspiracy theories and bring in mainly white men who may either be disengaged or former political liberals,” AFP quoted Sophie Bjork-James, assistant professor of anthropology at Vanderbilt University.
Forbes estimates Musk has a net worth of about $247.4 billion as of October 20, 2024, making him the wealthiest person in the world. Trump has a net worth of about $5.5 billion, making him the 615th richest person in the world.
Why is Pennsylvania Important?
Pennsylvania always voted for the winner of every presidential election since former President Barack Obama won in 2008. And in the prior four presidential elections, Pennsylvania voted reliably blue.
In 2016, the state voted for Trump who won it by roughly 45,000 votes. In 2020, the Keystone State flipped again. Biden won it by about 80,000 votes, according to Pennsylvania voting results data.
Although Biden’s win war larger than Trump’s, it was not an overwhelming majority. In a state that then had more than 9 million registered voters, his win amounted to one percentage point.
A poll of 800 likely Pennsylvania voters in September showed people in the state care most about the economy, followed by abortion.