Elon Musk’s recent announcement that his pro-Trump America PAC would award $1 million each day to a randomly chosen individual who signs a petition until Election Day has drawn significant legal attention. The pledge, unveiled on Saturday, has raised concerns about its legality, particularly regarding federal election laws. Pennsylvania Governor Josh Shapiro has been one of the most vocal critics, calling Musk’s promise “deeply disturbing.”
Shapiro’s Concerns Voiced on “Meet the Press”
Governor Shapiro expressed his concerns during an interview on NBC’s “Meet the Press” on Sunday, just a day after Musk attended a pro-Trump rally in Harrisburg, Pennsylvania. Shapiro, who previously served as Pennsylvania’s attorney general, highlighted that the issue is not just about the giveaway itself, but also about how Musk is funneling “dark money” into the state. He raised alarms about the broader implications of this strategy, questioning how the money is being used in the race and its potential legal ramifications.
First Winners: Republicans Who Already Voted
Reports from Politico revealed that at least two of the three Pennsylvania winners of Musk’s $1 million Super PAC lottery are registered Republicans who had already voted before winning the prize. The winners, John Dreher and Kristine Fishell, had submitted their mail-in ballots prior to receiving their winnings, raising questions about who the lottery is truly attracting. With the prizes being awarded daily by America PAC leading up to Election Day, Politico noted that the initiative may be drawing more Musk supporters and Trump loyalists rather than the swing voters needed to sway the election.
The voting status of the third winner, Shannon Tomei, remains unclear. Critics argue that the lottery could amount to illegal vote-buying, though Musk and America PAC insist that the program does not require party affiliation and only asks signatories to support free speech and gun rights through a petition. However, this petition also collects valuable voter data, which the committee is using to target potential voters on behalf of the Trump campaign. To date, Musk has donated $75 million to support this effort.
How the Program Works
To participate in Musk’s giveaway, voters must be registered in one of the key swing states: Arizona, Pennsylvania, North Carolina, Georgia, Michigan, Nevada, or Wisconsin. Signing the “Petition in Favor of Free Speech and the Right to Bear Arms” grants eligibility for the daily $1 million prize. The timing of the petition’s availability coincides with critical election deadlines, including Pennsylvania’s voter registration deadline on October 21, raising concerns about the legality of incentivizing voter registration and turnout.
Critics argue that Musk’s lottery could violate federal laws that prohibit offering financial incentives to encourage voter registration or participation. The combination of significant financial rewards and the focus on swing state voters has led some experts to question whether the giveaway amounts to vote-buying.
Financial Contributions to America PAC
According to Federal Election Commission (FEC) filings, Musk has been the sole donor to America PAC, contributing around $75 million between July and September. The PAC, which spent about $72 million during that same period, has primarily focused on voter mobilization efforts in swing states such as Pennsylvania, Georgia, Nevada, Arizona, Michigan, Wisconsin, and North Carolina. These states are expected to play a decisive role in the outcome of the 2024 presidential election, making them the prime target for Musk’s controversial lottery.
The combination of large financial contributions, data collection efforts, and the legal gray area surrounding voter incentives has placed Musk’s America PAC under significant scrutiny as Election Day approaches.
