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DOJ Warns Elon Musk His Election Lottery Could Be Illegal

  • Musk has pledged to give away $1m every day until the November 5 election date
  • The lottery is offered to registered voters in swing states who sign a petition from Musk’s PAC
  • Former DOJ officials have also demanded that an investigation be opened into the lottery
Elon Musk
The US Department of Justice has written to Elon Musk warning him that his election lottery could be illegal. [Image: Shutterstock.com]

Musk cautioned

The US Department of Justice (DOJ) has warned Elon Musk that his lottery for swing state voters who sign a petition could be illegal.

Musk has pledged to give away $1m every day until the November 5 election to random registered voters in swing states who sign a petition pledging to support free speech and gun rights.

the plan may breach laws against paying people to vote, according to the DOJ

The lottery, which began on October 19, has already seen several winners scoop the $1m, most of whom had already voted. Seen as a way to mobilize voters in key states, the plan may breach laws against paying people to vote, according to the DOJ.

PAC denies illegality

Musk revealed the lottery in a campaign stop in Harrisburg, Pennsylvania, saying: “We want to try to get over a million, maybe 2 million voters in the battleground states to sign the petition in support of the First and Second Amendment.”

Many commentators criticized the plan when it was announced and drew attention to its potential illegality. However, a letter from the Justice Department’s public integrity section, sent to Musk’s pro-Trump political action committee (PAC), is the first official warning on the matter.

The US federal code states that whoever “Pays or offers to pay or accepts payment either for registration to vote or for voting shall be fined not more than $10,000 or imprisoned not more than five years, or both.”

the PAC is confident in the legality of this initiative”

Neither Musk nor the PAC commented directly on the letter, although last week it had denied any wrongdoing, stating: “The PAC is confident in the legality of this initiative and the predictable media meltdown is only helping America PAC’s efforts to support President Trump.”

Historical precedent

The election lottery idea is not a new one, and precedent shows that Musk may not face any repercussions for the plan.

In 1982, Hollywood promoter Edward Shaw also offered a lottery to Californians who voted in the election. Like Musk, Shaw also received a warning from the DOJ, but he was ultimately never charged. In the end, election officials stated the lottery had a minimal effect on voter turnout.

Earlier this week, the DOJ also confirmed that they had received a letter from former officials at the organization, including Republicans, demanding an investigation into the matter be opened.

you have a billionaire just dangling a million bucks”

Predictably, the plan has also met with severe criticism from Democratic politicians as the race for the White House heats up. At a recent campaign stop, New York Rep. Alexandria Ocasio-Cortez criticized the scheme, saying: “You have a billionaire just dangling a million bucks to those of us, and many of us, who are struggling to make ends meet, if they dance for him.”

“Elon Musk thinks that dangling money in front of a working person is a cute thing to do.”

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