Is Musk’s million-dollar US voter lottery legal?

WASHINGTON - Donald Trump surrogate Elon Musk’s offer of a US$1 million (S$1.3 million) to one registered voter in a swing state every day until the

US election day

on Nov 5 has raised questions about the legality of such a move.

While Democratic candidate Kamala Harris’ campaign has not commented on the contest, Democratic Governor of Pennsylvania Josh Shapiro said on NBC’s Meet The Press: “I think it’s something that law enforcement should take a look at.”

Mr Musk, the world’s richest man, announced the contest on Oct 19 in Pennsylvania, one of seven “swing states” that will likely determine who will become the next US president – Ms Harris, or Republican Trump.

The contest requires entrants sign a petition “to support free speech and the right to bear arms”, Tesla and SpaceX chief executive Musk said on X, the social media platform he owns.

The endeavour enters hot water with the requirement that people are registered to vote in swing states in order to participate.

Professor Danielle Lang of Georgetown Law School, who specialises in election law, told AFP the contest could be “subject to civil or criminal enforcement by the Department of Justice”.

“It is illegal to give out money on the condition that recipients register as voters,” she said.

“As the terms of this ‘contest’ to win US$1 million require the recipient to be a registered voter in one of seven swing states (or to register if they have not already), the offer violates federal law,” she continued.

Political science professor Rick Hasen from the School of Law of the University of California, Los Angeles, expressed a similar sentiment on his Election Law Blog.

He cited the specific law that prohibits anyone who “pays or offers to pay or accepts payment... for registration to vote”, adding that the penalty involves a fine of US$10,000 or up to five years’ imprisonment.

Not everyone is of the same mindset, however.

Former chairman of the Federal Election Commission Brad Smith told The New York Times what Mr Musk is doing is “something of a grey area”.

Since Mr Musk is not paying people to register directly, but rather for signing a petition, “I think he comes out OK here”, Mr Smith said.

For his part, Mr Musk defends his move by saying it is a simple get-out-and-vote effort.

“We want to make sure that everyone in swing states hears about this and I suspect this will ensure they do,” he wrote on X.

Mr Musk has pulled out all the stops in recent weeks to support former president Trump, including donating US$75 million to a

pro-Trump political action committee

and appearing at campaign rallies.

“Just go out there and talk to your friends and family and acquaintances and people you meet in the street and... convince them to vote,” he told the crowd at the rally where he announced the petition contest.

Prof Lang said that schemes such as these occur “each election cycle”.

“We tend to see some businesses that engage in some questionable activity along these lines (such as offering a free item for showing an ‘I Voted’ sticker) but this is notable for its far larger size,” she said. AFP