DOJ Questions Legality Of Elon Musk’s Sweepstakes Targeting Swing State Voters

"Swing State" sign with stars and stripes design.

The Justice Department has raised concerns about Elon Musk’s $1 million daily voter sweepstakes, questioning its legality and potential impact on the upcoming elections.

At a Glance

DOJ warns Musk’s America PAC about potential legal violations of $1 million daily giveaway to registered voters
Sweepstakes targets key swing states, offering rewards for signing a petition supporting free speech and gun rights
America PAC maintains the legality of the initiative, while legal experts debate potential loopholes
Concerns raised about the influence of wealthy individuals on political campaigns

DOJ Raises Red Flags on Musk’s Voter Incentive Program

The US Department of Justice has issued a warning to Elon Musk’s political action committee, America PAC, regarding the legality of its $1 million per day giveaway targeting registered voters in key swing states. The sweepstakes, which offers cash rewards to individuals who sign a petition supporting free speech and gun rights, has come under scrutiny for potentially violating federal laws against compensating people for voter registration or participation in elections.

The DOJ’s Public Integrity Section sent the letter following outcry from Democrats and a group of Republican ex-prosecutors, who urged an investigation into the contest for potential legal violations. The initiative, which aims to boost voter registration and support former President Donald Trump’s re-election campaign, has already awarded million-dollar prizes to voters in Pennsylvania and North Carolina, with daily drawings set to continue through Election Day.

The Justice Department has sent a letter to tech billionaire Elon Musk's America PAC warning that his $1 million sweepstakes giveaway to registered voters in swing states may violate federal law, a source familiar with the matter confirmed to @ABC News. https://t.co/DDUN8a2MPr

— ABC News (@ABC) October 23, 2024

Legal Debate Surrounds Sweepstakes Structure

While America PAC maintains the legality of their actions, legal experts are divided on whether the sweepstakes violates federal election laws. US law prohibits paying people to register to vote, but the contest’s structure has raised questions about potential loopholes. Musk has defended the initiative, stating that no party affiliation is required and participation does not mandate voting.

“You can be from any or no political party, and you don’t even have to vote.” said Musk.

In an attempt to address legal concerns, the contest rules were reframed to describe the money as payment for a job, with winners acting as spokespersons for America PAC. This modification has led some experts to suggest that Musk may have found a legal loophole, potentially making the case difficult to prosecute.

Implications for Campaign Finance and Voter Influence

The controversy surrounding Musk’s sweepstakes has reignited debates over the influence of wealthy individuals in political campaigns. UCLA law professor Rick Hasen has discussed the potential need for a constitutional amendment to address this issue, highlighting the broader implications of such initiatives on the electoral process.

According to The Wall Street Journal, “The Justice Department (DOJ) reportedly notified Elon Musk’s America PAC that its $1 million sweepstakes for registered voters in key swing states might contravene federal regulations, according to The Wall Street Journal.”

The DOJ’s warning to America PAC is not unprecedented. Similar letters have been sent to other organizations linking promotions to voting, suggesting possible criminal investigations if activities continue. These actions underscore the Justice Department’s efforts to ensure compliance with election laws and maintain the integrity of the voting process.

As the debate continues, the outcome of this case could have significant implications for future political campaigns and the ways in which wealthy individuals and organizations engage with voters. The Justice Department’s scrutiny of Musk’s sweepstakes serves as a reminder of the complex legal landscape surrounding voter engagement and the ongoing challenges in balancing free speech with electoral integrity.