Musk has become a mega-donor for Trump with a donation of $75 million
Elon Musk gave about $75 million to his pro-Donald Trump super PAC in three months, climbing to the highest ranks of Republican donors.
Former Republican lawmakers, Justice Department officials and advisers have asked Attorney General Merrick Garland to investigate billionaire Elon Musk for giving away $1 million in prize money to change state voters if they sign his political organization’s petition.
The letter, sent Monday to Garland, claims that awards established by Musk as part of its efforts to help elect former President Donald Trump is breaking laws against paying people to register to vote.
“We know of nothing like this in modern political history,” said the letter, signed by 11 former Republican officials who no longer work for the US government.
Olivia Troy, a senior aide to Vice President Mike Pence during the Trump administration, confirmed that she signed the letter. But she declined to comment on specifics, citing the sensitivity of the potential law enforcement issue.
more: Elon Musk is offering a $1 million per day reward for swing state voters. What do the legal experts say?
The former officials who signed the letter to Garland and Pennsylvania Attorney General Michelle Henry said Musk’s petition is essentially a thinly veiled voter inducement and a blatant effort to bribe people to register. They also sent the letter to Pennsylvania district attorneys, asking them and the Department of Justice to investigate whether America PAC payments are prohibited voter registration payments.
“We understand that these are framed as payments to sign a petition or to refer voters who sign,” the letter said. “But many of the payments are limited to registered voters, so anyone who wishes to receive a payment must first register.”
Other signatories to the letter include Donald Ayer, deputy attorney general under President George H.W. Bush; Trevor Potter, former chairman of the Federal Election Commission; and Christine Todd Whitman, former governor of New Jersey.
They said the law they accuse Musk of breaking carries a $10,000 fine and up to five years in prison.
All about Trump
Musk, a staunch supporter of the Republican nominee, has gone all-out in support of Trump in recent months, tripping in Pennsylvania for him, spending millions on get-out-the-vote efforts and using his social media platform X — formerly Twitter — to boost Trump and discredited his Democratic rival, Kamala Harris.
The petition from Musk’s PAC states that the goal is to “get 1 million registered voters in the states to sign in support of the constitution, especially free speech and the right to bear arms.”
He defended the giveaway in an X post, saying those eligible for the $1 million prizes “do not need to register as a Republican or vote in the Nov. 5 election.”
The letter to Garland was first reported by The Washington Post, which said the Justice Department acknowledged receiving it but did not say whether it would investigate it. USA TODAY also sought comment from the Justice Department.
Pennsylvania Gov. Josh Shapiro told NBC’s “Meet the Press” on Sunday that Musk’s plan to give money to registered voters in Pennsylvania is “deeply troubling” and “it’s something that law enforcement can look into.”
Some prominent election law experts also said the proposal by Musk, founder of Space X and owner of other technology companies, could be investigated by law enforcement.
Musk gives $1 million a day
Musk announced Saturday that America PAC, his political group, will use a lottery to give away $1 million each day until the Nov. 5 election to a registered voter who signs a petition saying he supports free speech and law of carrying a weapon.
The payouts apply only to registered voters in the seven swing states that are likely to decide elections that are effectively a lottery, including Pennsylvania and Michigan. The petition also offers $100 for each registered voter in a swing state who signs, and $100 for referring a registered voter to sign.
So far, Musk has awarded $1 million each to two Pennsylvania voters. he awarded first prize Saturday at a Trump campaign rally in Harrisburg, declaring that the first-time winner had “no idea.”
“So whatever, you’re welcome,” Musk said as he handed John Dreher a large check.
The petition from Musk’s PAC states that the goal is to “get 1 million registered voters in the states to sign in support of the constitution, especially free speech and the right to bear arms.”
The site specifically says the program is only open to registered voters in Pennsylvania, Georgia, Nevada, Arizona, Michigan, Wisconsin and North Carolina. The deadline for registration is Monday.
Musk says the giveaway is legal, but others have questions
The Tesla CEO’s pro-Trump campaign assistance raised eyebrows over the weekend — and crucial legal questions.
Federal election law states that anyone who “pays or offers to pay or accepts payment for registration to vote or for voting” is breaking the law.
The Justice Department’s election crime handbook says an illegal bribe can be anything of monetary value, including lottery odds, that makes it easier for people to vote or induces them not to vote. The definition does not include a free ride to the polls.
Shapiro, the Pennsylvania governor, was not alone in suggesting the payments may be illegal. Rick Hassen, a UCLA law professor, said in a blog post that he believes the program appears to be violating the law.
“While perhaps some of the other things Musk was doing were of murky legality, this is clearly illegal,” Hassen wrote.
Not all experts agreed. Michael Kang, an election law professor at Northwestern University School of Law, told The Associated Press that the group launching the giveaway weeks after Election Day is troubling. “It’s not quite the same as paying someone to vote,” he said, “but you’re getting close enough for us to worry about the legality of it.”
Contributed by Bart Jansen