Pennsylvania Governor Says Elon Musk’s Efforts to Give Money to Voters Signing Petition Raise Serious Concern – LAW

Pennsylvania Gov. Josh Shapiro said Sunday that billionaire Elon Musk’s efforts to get money from registered voters to sign his America PAC’s petition in support of “free speech and the right to bear arms” under the First and Second Amendments Amendments to the U.S. Constitution are deeply troubling and warrant a law enforcement investigation, Musk, who has recently become an outspoken and forceful supporter of the stump for former President Donald Trump, announced Saturday night during a town hall in Harrisburg, Pennsylvania, announced that it would randomly award $1 million each day until Election Day on November 5 to registered Pennsylvania voters who sign the petition. He personally handed over his first million-dollar check to a participant in the Harrisburg rally.

Musk has become a self-proclaimed free speech absolutist, declaring after purchasing Twitter, “Free speech is the bedrock of democracy.”

His petition has been controversial since Musk offered financial incentives to registered voters to sign it. Pennsylvania voters were previously offered $100 for signing the petition and $100 for endorsements. Voters in other swing states, including Georgia, Nevada, Arizona, Michigan, Wisconsin and North Carolina, will be offered $47 per recommendation. The program ends on October 21st. Musk tried to rationalize the $1 million award and incentives at his town hall in Harrisburg:

One of our challenges is how to make people aware of this petition as the legacy media is being asked to cover it. You know, not everyone is on X, so I’m thinking how can we get people to know about it? Well, I think this message will really hit home. That’s why, starting tonight, we will award $1,000,000 every day until the election.

In an interview with Meet the Press Sunday, Shapiro criticized Musk’s petition incentives as possible violations of campaign finance laws:

[W]We disagree. I don’t deny him that right, but when you start pouring that kind of money into politics, I think it raises serious questions that people might want to consider. … I think this is something that law enforcement could look at. I am no longer the Attorney General of Pennsylvania. I am the governor. But it raises some serious questions.

Shapiro isn’t the only one concerned about Musk’s petition. Rich Hasan, a UCLA law professor and election law expert, has argued that “while some of the other things Musk did were of unclear legality, this one is clearly illegal.” Hasan cited 52 USC § 10307, ​​in which it says:

Anyone who knowingly or intentionally provides false information about their name, address or time of stay in the electoral district in order to justify their right to register or vote or who colludes with another person to falsely or unlawfully register a voter who takes part in voting or makes a payment makes or offers to make a payment or accepts a payment, either for registering to vote or for voting, is punishable by a fine not exceeding $10,000 or by imprisonment for a term not exceeding five years, or both.

While Musk’s actions may be questionable, others argue that they are not illegal. Jill Wine-Banks, current MSNBC legal analyst, had a different opinion:

It’s offensive, but I’m not sure it’s criminal. Is paying someone to sign a meaningless petition the same as paying them to register or vote, even if they may have been motivated to register to get paid to sign the petition ? Also, someone should have told Musk that registration in PA ends today.

Brad Smith, former chairman of the Federal Election Commission, also argues that Musk’s actions are not illegal.