According to the Election Law Blog:
Hugo Lowell: “Elon Musk says on stage at a town hall that America PAC will be awarding $1 million every day until the election to a registered Pennsylvania voter who has signed his petition. Musk awarded the first $1 million this evening to someone at the town hall, bringing the guy onto the stage and handing him a jumbo check, lotto-style. Musk is essentially incentivizing likely Trump voters in PA to register to vote: Petition is to support for 1A and 2A, so basically R voters. But they also have to be registered to vote, so if they weren’t already, they would do it now.”
Though maybe some of the other things Musk was doing
were of
murky legality, this one is clearly illegal. See 52
U.S.C. 10307(c): “Whoever knowingly or willfully gives false information as
to his name, address or period of residence in the voting district for the
purpose of establishing his eligibility to register or vote, or conspires with
another individual for the purpose of encouraging his false registration to
vote or illegal voting, or pays or offers to pay or accepts payment either
for registration to vote or for voting shall be fined not more than
$10,000 or imprisoned not more than five years, or both…” (Emphasis added.)
See also the DOJ Election Crimes
Manual at 44: “The bribe may be anything having monetary value, including
cash, liquor, lottery chances, and welfare benefits such as food
stamps. Garcia, 719 F.2d at 102. However, offering free rides to the polls or
providing employees paid leave while they vote are not prohibited. United
States v. Lewin, 467 F.2d 1132, 1136 (7th Cir.
1972). Such things are given to make it easier for people to vote, not to
induce them to do so. This distinction is important. For an offer or a payment
to violate Section 10307(c), it must have been intended to induce or reward the
voter for engaging in one or more acts necessary to cast a ballot.… Moreover,
payments made for some purpose other than to induce
or reward voting activity, such as remuneration for campaign work, do not
violate this statute. See United States v. Canales 744 F.2d 413, 423 (5th Cir.
1984) (upholding conviction because jury justified in inferring that payments
were for voting, not campaign work). Similarly, Section 10307(c) does not apply
to payments made to signature-gatherers for voter registrations such
individuals may obtain. However, such payments become actionable under
Section 10307(c) if they are shared with the person being registered.”
(Emphases added.)
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