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PulseReporter > Blog > Money > Is Elon Musk’s $1 million election-season giveaway authorized?
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Is Elon Musk’s $1 million election-season giveaway authorized?

Last updated: October 20, 2024 10:04 pm
8 months ago
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Is Elon Musk’s  million election-season giveaway authorized?
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Contents
What’s Musk doing?What’s the broader context right here?What’s the difficulty with that?Can the PAC and Trump’s marketing campaign coordinate?

Elon Musk, the billionaire founding father of Tesla and House X and proprietor of X who’s gone all-in on Republican Donald Trump’s candidacy for the White Home, has already dedicated not less than $70 million to assist the previous president. Now he’s pledging to present away $1 million to voters for signing his political motion committee’s petition backing the Structure.

The giveaway is elevating questions and alarms amongst some election specialists who say it’s a violation of the legislation to hyperlink a money handout to signing a petition that additionally requires an individual to be registered to vote.

Democratic Gov. Josh Shapiro of Pennsylvania, the state’s former legal professional normal, expressed concern in regards to the plan on Sunday.

“I feel there are actual questions with how he’s spending cash on this race, how the darkish cash is flowing, not simply into Pennsylvania, however apparently now into the pockets of Pennsylvanians. That’s deeply regarding,” he mentioned on NBC’ “Meet the Press.”

A more in-depth have a look at what’s happening:

What’s Musk doing?

Musk promised on Saturday that he would give away $1 million a day, till the Nov. 5 election, for folks signing his PAC’s petition supporting the First Modification, which protects freedom of speech, and the Second Modification, with its proper “to maintain and bear arms.” He awarded a verify throughout an occasion Saturday in Harrisburg, Pennsylvania, to a person recognized as John Dreher. A message left with a quantity listed for Dreher was not returned Sunday. He gave out one other verify Sunday.

What’s the broader context right here?

Musk’s America PAC has launched a tour of Pennsylvania, a essential election battleground. He’s aiming to register voters in help of Trump, whom Musk has endorsed. The PAC can also be pushing to influence voters in different key states. It’s not the primary provide of money the group has made. Musk has posted on X, the platform he bought as Twitter earlier than renaming it, that he would provide folks $47 — after which $100 — for referring others to register and signing the petition.

Trump, who was campaigning Sunday in Pennsylvania, was requested about Musk’s giveaway, and mentioned, “I haven’t adopted that.” Trump mentioned he “speaks to Elon lots. He’s a good friend of mine” and referred to as him nice for the nation.

What’s the difficulty with that?

Some election legislation specialists are elevating crimson flags in regards to the giveaway. Brendan Fischer, a marketing campaign finance lawyer, mentioned the newest iteration of Musk’s giveaway approaches a authorized boundary. That’s as a result of the PAC is requiring registration as a prerequisite to grow to be eligible for the $1 million verify. “There can be few doubts in regards to the legality if each Pennsylvania-based petition signer have been eligible, however conditioning the funds on registration arguably violates the legislation,” Fischer mentioned in an e mail.

Rick Hasen, a UCLA Regulation College political science professor, went additional. He pointed to a legislation that prohibits paying folks for registering to vote or for voting. “If all he was doing was paying folks to signal the petition, that could be a waste of cash. However there’s nothing unlawful about it,” Hasen mentioned in a phone interview. “The issue is that the one folks eligible to take part on this giveaway are the people who find themselves registered to vote. And that makes it unlawful.”

Michael Kang, an election legislation professor at Northwestern College’s Pritzker College of Regulation, mentioned the context of the giveaway so near Election Day makes it tougher to make the case that the hassle is something however a incentivizing folks to register to vote.

“It’s not fairly the identical as paying somebody to vote, however you’re getting shut sufficient that we fear about its legality,” Kang mentioned.

A message searching for remark was left with the PAC on Sunday, as was a request for remark from the Justice Division.

Can the PAC and Trump’s marketing campaign coordinate?

Usually coordination between campaigns and so-called tremendous PACs had been forbidden. However a current opinion by the Federal Election Commissioner, which regulates federal campaigns, permitted candidates and these teams to work collectively in sure instances, together with getting out the vote efforts.

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