Elon Musk’s Election Lottery Raises Legal Concerns Amid Success in Boosting GOP Registration

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Betting on the outcome of the Presidential Election may be legal in the US – for now, at least – but pro-Trump tech billionaire Elon Musk’s lottery scheme to encourage swing-state voters is raising eyebrows.

Elon Musk appeared at a Trump rally in Butler, Pennsylvania, on October 7, 2024, and announced his pledge of $75 million to the Trump campaign. Musk is controversially giving away $1 million a day until the election. Each day, a winner is chosen at random from a list of voters who sign a petition pledging to support free speech and gun rights.


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Voters who add their names to this list could be contacted by Musk’s pro-Trump Super PAC, America PAC, to discuss their voting intentions. Musk rolled out his electoral sweepstake in Pennsylvania two days ago, and there have already been two winners. Residents of Pennsylvania are also receiving $100 simply for signing the petition, with an additional $100 for each person they refer who also signs the petition.

Musk plans to extend the competition to include voters in Georgia, Nevada, Arizona, Michigan, Wisconsin, and North Carolina this week.

Supporters of Musk’s scheme argue that he is merely asking people to sign a form, which is a common tactic used by political action committees. However, critics claim he is essentially “gamifying” the election, which they believe may be illegal.

Federal law dictates that it is a crime, punishable by up to five years in prison, to “pay or offer to pay or accept payment either for registration to vote or for voting.” Rick Hansen, a Professor of Political Science at UCLA School of Law, stated on his blog that the scheme was “clearly illegal.” Hansen also referenced the DOJ Election Crimes Manual, which defines “vote-buying” as a bribery offense under the US Constitution and specifically includes “lottery chances” as a method of bribery.

Moreover, the manual stipulates that the bribe “must have been intended to induce or reward the voter for engaging in one or more acts necessary to cast a ballot,” which includes voter registration, not just the act of voting itself.

All of these concerns paradoxically imply that Musk’s pro-US Constitution petition might be unconstitutional.

Brad Smith, a former chair of the Federal Election Commission, told The New York Times that Musk’s plan “comes out OK here,” because it technically involves paying people to sign a petition, not to register to vote.

Regardless of the legal debates, Musk’s strategy appears to be effective. He took to the X platform he owns on Monday to announce, “New Republican voter registration last week in Pennsylvania absolutely crushed Democrat voter registration! 27.7k Rep vs 12.7k Dem, a 3X difference. Midnight today is the deadline for registration. Let’s GOOOO!!!!”