By Perry Stein, The Washington Post (c) 2024
The Justice Department sent a letter to tech billionaire Elon Musk’s political group, warning that its contest awarding registered voters in swing states $1 million for signing a petition could run afoul of federal election laws, according to a person familiar with the matter.
The letter was sent from the agency’s Public Integrity Unit, which oversees the federal prosecutions of public officials and election crimes.
Musk, a supporter of Republican presidential nominee Donald Trump, announced over the weekend that his political group, America PAC, would use a lottery to award $1 million each day until the Nov. 5 electionto a registered voter who signs a petition saying they support free speech and the right to bear arms. Only voters registered in seven swing states – Pennsylvania, Georgia, Nevada, Arizona, Wisconsin, Michigan and North Carolina – are eligible for the prizes.
Since Saturday, America PAC’s website says it has awarded four people $1 million.
Federal law prohibits groups and individuals from bribing people to register to vote, and some election law experts said Musk’s petition is a disguised voter drive in which he is essentially bribing people to register. The law that experts warn that Musk could be violating carries a $10,000 fine and up to five years in prison.
It’s not uncommon for the Justice Department to send letters to businesses or individuals, warning of potentially illegal behavior. The letters do not indicate that a criminal investigation is ongoing, but are intended to deter the potentially illicit behavior.
The Justice Department declined to comment. A representative from Musk’s political group also declined to comment.
Former Republican lawmakers, advisers and Justice Department officials this week called on Attorney General Merrick Garland to investigate Musk. They said in the letter to Garland and Pennsylvania Attorney General Michelle Henry that Musk was flouting election laws with the contest.
“We are aware of nothing like this in modern political history,” the letter from the former officialssays of Musk’s offers. “We urge you to investigate whether America PAC’s payments are prohibited payments for voter registration. We recognize that they are framed as payments for signing a petition, or for referring voters who sign. But many of the payments are restricted to registered voters, so anyone who wishes to get paid must first register.”
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Michael Scherer contributed to this report.