By james art A group of Republican lawyers and officials is pushing for federal investigations into Elon Musk’s America PAC for allegedly violating election laws by offering payments to registered voters in upstate states to sign a petition.
In a letter addressed to Attorney General Merrick Garland and Pennsylvania Attorney General Michelle Henry, former Justice Department officials said Musk’s initiative to pay voters in swing states to sign a petition supporting First and Second amendment, may constitute illegal activity under federal laws that prohibit paying individuals to register to vote.
In the letter received from The Washington Post on October 21, 2024, the group stated, “We know of nothing like it in modern political history.” The letter emphasized that federal law, specifically 52 USC § 10307(c), imposes penalties of up to five years in prison for anyone who “knowingly or willfully … pays or offers to pay … to register to vote.” .
“We urge you to investigate whether payments to America PAC are prohibited voter registration payments,” the letter states.
“We understand that these are framed as payments to sign a petition or to refer voters who sign. But many of the payments are limited to registered voters, so anyone who wants to get paid has to register first,” he adds.
Newsweek reached out to Musk for comment via the X (formerly Twitter) press office and the attorney general via the DOJ website.
What is the America PAC Petition?
Elon Musk’s pro-Trump political action group, America PAC, is promoting a petition that pledges support for the First and Second Amendments. The initiative is aimed exclusively at registered voters in seven swing states: Pennsylvania, Georgia, Nevada, Arizona, Michigan, Wisconsin and North Carolina.
Participants are offered $100 for signing the petition and an additional $100 for each registered voter they refer. The PAC announced a $1 million daily giveaway to petition signers from Oct. 19 through Election Day.
On Monday, Musk took to X to announce the impact of his efforts: “Republican voter registration last week in Pennsylvania completely crushed Democratic voter registration! 27.7 thousand representatives against 12.7 thousand Democrats, a difference of 3 times.”
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“Investigate Elon Musk’s US PAC”
The letter, addressed to Merrick Garland, also states that petitions are created to show how many people support a certain cause. But America PAC’s petition seems different; gets people to sign a “gentle” statement saying they support the First and Second Amendments.
“And critically, America PAC has not released the names or number of petition signers — so the petition does not provide a demonstration of public support even for this statement,” the letter added.
The initiative has raised alarm among legal experts and former officials.
Said Paul Schiff Berman, Walter S. Cox Professor of Law at George Washington University Newsweek: “I believe Musk’s offer is probably illegal. According to 52 USC 10307(c): “Whoever knowingly or willfully…pays or offers to pay or accept payment either for registration to vote or for voting, shall be fined not more than $10,000 or imprisoned for not more of five years or both.” His proposal is only open to registered voters, so I think his proposal runs afoul of that provision.”
Richard Hassen, a professor at the University of California, Los Angeles School of Law, called Musk’s actions “clearly illegal” on his suffrage blog. He noted that the Justice Department’s election crime handbook includes lottery odds as items of value that cannot be offered to induce voting.
The letter to Attorney General Garland was signed by 11 former Republican officials, including Donald Ayer, Deputy Attorney General under President George H.W. Bush (1989-1990), Philip Lacovara, Counsel to the Special Counsel, Watergate Special Prosecution ( 1973-1974) and John McKay, U.S. Attorney for the Western District of Washington under President George W. Bush (2001-2007).
Noting the urgency of the issue with the presidential election two weeks away, the letter reads: “Law enforcement agencies are appropriately reluctant to take action shortly before an election that could affect how people vote. But serious questions arise under the laws that directly regulate the voting process should be an exception.”
According to Washington Post, The Justice Department confirmed receipt of the letter but declined to comment on whether an investigation would be launched.