Elon Musk’s Petition Isn’t Legally Ambiguous. It’s Downright Illegal.

On Saturday, October 19th, Elon Musk spoke at a Trump-Vance political rally in Harrisburg, Pennsylvania. There, he announced that each day, he would give $1 million to a random person who registered to vote in a swing state. To enter the sweepstakes, voters must sign a petition supporting the First and Second Amendments. This petition has been largely advertised by America PAC, Musk’s political action committee to which he has contributed over $75 million. America PAC’s website features its “key values,” which align closely with topics Trump has largely campaigned on (such as border security), and provides information on how to receive $47 for every person you refer to sign the petition for the sweepstakes. Musk has widely used America PAC as a way to support Trump’s campaign efforts. 

Since this announcement, Musk has been under much scrutiny regarding the legality of paying people to register to vote. Pennsylvania Governor Josh Shapiro (D) discussed his concerns with Musk’s petition on Meet the Press on Sunday, October 20th following this announcement and said that it was “deeply concerning.” Law professor Rick Hasen cited federal law and called the petition “clearly illegal.” He specifically mention 52 U.S.C. 10307(c), which says that individuals who either pay for someone to register to vote or vote or someone who accepts that money can face up to $10,000 in fines and/or up to 5 years imprisonment. 

Since Musk’s petition is based on a lottery, it could raise some questions about whether Musk is actually paying people to register to vote, but a DOJ Election Crimes Manual mentions that “lottery chances” are included as an example of monetary persuasion. Since being registered to vote is a mandatory qualification for Musk’s giveaway, there’s no question that this political stunt is illegal. 

This, along with Pennsylvania state law that regulates lotteries of any kind, led Philidelphia District Attorney Larry Krasner to sue Musk and seek an injunction on the giveaway. Musk’s legal team requested that the case move to federal courts due to the suit’s association with the national election, but a federal judge dismissed this attempt on Friday, November 1st, stating that District Attorney Krasner has the power to hear the case in state courts. The case is set to hear on Monday, November 4th. 

Political views aside, it’s very difficult to look at this whole ordeal and see any way that Musk’s lottery is legal. Many agencies have claimed that it raises questions, or that it’s legally ambiguous, but in this case, the legality of Musk’s actions couldn’t be an clearer. Since the 2020 election, the political climate has been clouded by claims that the results of that election weren’t sound and that is was “stolen.” A system that was once built on trust is now seeing a crumbling foundation, with some individuals, including Trump, still pushing that President Biden didn’t actually win the 2020 election.

What does this have to do with Musk’s lottery? Everything. American citizens deserve to feel like their vote is part of an election system that they can trust and that is regulated. What Musk’s lottery tells Americans is that because he is ultra-wealthy and has a quality legal team, he can break laws that regulate our elections. This is extremely unfortunate. 

Elon Musk’s lottery is clearly illegal and it must be stopped for the sake of American democracy.