Is Elon Musk's million-dollar US voter lottery legal?

Washington: In a move that has sparked controversy, Elon Musk, the billionaire CEO of Tesla and SpaceX, has announced a contest offering $1 million to one registered voter in a swing state every day until Election Day on November 5. While the contest aims to boost voter engagement, it has raised serious questions about its legality.

Musk made the announcement on Saturday during a rally in Pennsylvania, one of the critical swing states that could determine whether Democratic candidate Kamala Harris or former President Donald Trump takes the White House. To enter the contest, participants must sign a petition supporting "free speech & the right to bear arms," according to Musk’s post on X, the social media platform he owns.

However, the requirement that entrants be registered to vote in swing states has drawn scrutiny. Danielle Lang, a law professor at Georgetown, told media that the contest could fall under civil or criminal enforcement by the Department of Justice. "It is illegal to give out money on the condition that recipients register as voters," she stated. Lang emphasised that the contest violates federal law, which prohibits paying anyone to register to vote.

 Legal opinions vary

The legal ramifications of Musk’s contest have caught the attention of several experts. Political science professor Rick Hasen from UCLA pointed out the specific law that forbids offering payment for voter registration. He noted that violations could result in hefty fines or even prison time.

On the flip side, some experts, like Brad Smith, the former chairman of the Federal Election Commission, suggest Musk might navigate this legal gray area successfully. He argued that since Musk is not directly paying people to register but rather incentivizing them to sign a petition, he could be in the clear.

Musk’s defense

Despite the backlash, Musk defends his initiative as a way to encourage voter turnout. He expressed his belief that the contest would ensure that people in swing states become aware of the importance of voting. "We want to make sure that everyone hears about this," he wrote on X.

Musk has been vocal in his support for Trump recently, contributing $75 million to a pro-Trump political action committee and attending campaign rallies. At one such rally, he urged attendees to engage with their communities and encourage others to vote.

Lang noted that schemes like Musk’s often emerge during election cycles, citing businesses that offer free items in exchange for showing an "I Voted" sticker. However, she pointed out that Musk's contest is notable for its scale and potential implications.

(AFP)