Elon Musk — the billionaire tech founder and supporter of former President Donald Trump — is giving away $1 million to a Pennsylvanian each day until Nov. 5. Two people have already won the prize money after signing Musk’s America PAC petition backing the Constitution.
The sweepstakes is raising concerns among election law experts and Pennsylvania Gov. Josh Shapiro, who formerly served as the state’s attorney general. Shapiro is also a surrogate for Vice President Harris’ campaign.
“I think it’s something that law enforcement should take a look at,” Shapiro said on NBC’s Meet the Press on Sunday. “I’m not the attorney general anymore of Pennsylvania, I’m the governor, but it does raise serious questions.”
Musk announced the $1 million giveaway at an event in Harrisburg, Pa., on Saturday. The event was part of a tour supporting Trump.
“I have a surprise for you,” Musk said shortly before bringing out a giant check. “We are going to be awarding $1 million to people who have signed the petition — every day, from now until the election.”
Pennsylvania is a crucial swing state this election that both Trump and Harris are campaigning hard in.
UCLA election law professor Richard Hasen said that on its face, there’s nothing illegal about a petition sweepstakes. But a closer look raises red flags for him.
“If you look at the conditions, you must be a registered voter,” Hasen said. “And so this is essentially a lottery that’s open only to people who register to vote. So it’s either an incentive for someone to vote or it’s a reward. And either way, it violates federal law.”
He calls Musk’s actions “clearly illegal” because it violates statute 52 U.S.C. 10307(c) and the DOJ’s election manual.
“When people vote, it should be of their free choice and they should not be voting for financial incentives that would work the electorate,” Hasen said of federal election law. “It would change the nature of voting if people were voting purely for a personal financial incentive, rather than making the choice whether or not to register to vote, whether or not to vote, and for whom.”
Musk said the goal of the sweepstakes is to “maximize awareness of our petition to support the Constitution.” On Sunday, the billionaire awarded a second giant check for $1 million to a petition signer.
The signers pledge their support for the First and Second amendments, specifically freedom of speech and the right to bear arms.
Pennsylvania’s deadline to register to vote is on Monday.
Musk’s America PAC did not immediately respond to NPR when asked about the legality of the giveaway.
Hasen said willful violation of statute 52 U.S.C. 10307(c) comes with a $10,000 fine and up to five years in prison.
“I don’t think it would be likely that he would suffer such a serious fine,” Hasen said of Musk. “Although, if he was warned that this is illegal activity and continued to do it, I think that would create a different kind of situation.”
