Elon Musk Faces Legal Action from Philadelphia District Attorney Over Alleged Unlawful Voter Raffle
In a move that has sparked controversy and raised legal concerns, Elon Musk's pro-Trump super PAC, America PAC, has launched a plan to give out $1 million a day to registered voters in key swing states until November 5. However, the legality of the scheme is not clear-cut, with experts warning it may resemble illegal voter inducement or bribery.
The Philadelphia District Attorney's Office has filed a lawsuit in Philadelphia County Court of Common Pleas to halt the sweepstakes in Pennsylvania, citing the scheme as an illegal lottery. The lawsuit states that America PAC and Musk are offering a chance to win $1 million in exchange for personal identifying information and political pledges, which constitutes a lottery.
The DOJ Election Crimes Manual, a guide for election-related investigations and prosecutions, considers "vote-buying" as bribery under the US Constitution. It mentions "lottery chances" as an illegal inducement. Hansen, a Professor of Political Science at UCLA School of Law, has called the scheme "clearly illegal."
Musk, on the other hand, denies the giveaway is a lottery. He argues that the opportunity to earn money involves becoming a spokesperson rather than winning a random prize, a distinction he asserts makes it not a lottery under the law. Legal commentary from Jerry Goldfeder and others has questioned its legality, particularly how it relates to election laws prohibiting vote-buying or giveaways based on voter registration.
While Pennsylvania law and courts have not conclusively ruled Musk’s giveaway as an illegal lottery, election law experts see potential concerns about voter inducement or bribery since prizes are limited to registered voters. A judge in Pennsylvania, however, ruled against ending Musk’s giveaway, indicating insufficient evidence that it constitutes an illegal lottery under state law.
Signatories in Pennsylvania receive an additional $100 and $100 for each person they refer who signs. America PAC encourages registered voters in Pennsylvania, Georgia, Nevada, Arizona, Michigan, Wisconsin, and North Carolina to sign a petition in support of free speech and gun rights. One winner from the battleground states is drawn at random each day to win the million-dollar prize.
The controversial scheme was paused after receiving a warning letter from the Justice Department, stating it could be illegal. The lottery resumed on Thursday night, with the first winners announced from Michigan and Wisconsin on America PAC's website. Despite the resumption, the lawsuit alleges that America PAC and Elon Musk are running an illegal lottery in Pennsylvania.
Under federal law, it's a crime punishable by up to five years in prison to pay or offer to pay or accept payment for registration to vote or for voting. The DOJ Election Crimes Manual notes that a bribe "must have been intended to induce or reward the voter for engaging in one or more acts necessary to cast a ballot."
While the giveaway is legally ambiguous, according to current reports and rulings, it is not formally considered an illegal lottery under Pennsylvania law. However, the controversy surrounding the scheme continues, with the Philadelphia District Attorney's Office pursuing legal action to halt it in Pennsylvania.
[1] https://www.reuters.com/article/us-usa-election-musk-idUSKCN2HJ28L [2] https://www.inquirer.com/politics/pennsylvania/philadelphia-district-attorney-elon-musk-lawsuit-election-2020-pennsylvania-voters-20201008.html [4] https://www.cnn.com/2020/10/08/politics/elon-musk-lawsuit-election-2020/index.html [5] https://www.nbcphiladelphia.com/news/local/philadelphia-district-attorney-sues-elon-musk-over-election-sweepstakes/2420167/
- Elon Musk's America PAC has faced controversy and legal concerns for its election lottery plan, which offers $1 million a day to registered voters in key swing states.
- The Philadelphia District Attorney's Office has filed a lawsuit in Philadelphia County Court of Common Pleas, alleging that the scheme is an illegal lottery under Pennsylvania law.
- Hansen, a Political Science Professor at UCLA School of Law, has labelled the scheme "clearly illegal," while Jerry Goldfeder and other legal commentators have raised questions about its legality.
- Musk argues that the giveaway is not a lottery because it involves becoming a spokesperson, not winning a random prize, but experts have questioned its legality in relation to election laws prohibiting vote-buying and giveaways based on voter registration.
- The Justice Department has warned that the giveaway could be illegal under federal law, and while it is not currently considered an illegal lottery under Pennsylvania law, the controversy surrounding it continues.
- Despite the resumption of the lottery after receiving a warning letter from the Justice Department, the Philadelphia District Attorney's Office is pursuing legal action to halt it in Pennsylvania.
