Elon Musk’s super PAC awarded two $1 million prizes to registered voters in Michigan and Wisconsin on Thursday, after being warned by the Justice Department that the payments might be illegal.
He’s incentivizing voter registration by making cash payments and a lottery contingent on being a registered voter. Adding a trivial requirement of signing a petition (a petition which doesn’t function as a petition since they aren’t publicly sharing the signatures) doesn’t change the fact that it’s illegally incentivizing registration. If I promise to pay anyone that votes for my candidate of choice and also sings I’m a little teapot for me, I haven’t sidestepped the law. Musk is doing the same thing, he’s just putting the petition requirement front and center in the hope that framing it that way will make people think it’s legal.
If it was a nonbinding pledge to vote or to register to vote, that would be different. There’d still be all the rules that govern lotteries which could cause legal issues, but it wouldn’t actually cross the line into paying people for being registered voters.
He’s incentivizing voter registration by making cash payments and a lottery contingent on being a registered voter. Adding a trivial requirement of signing a petition (a petition which doesn’t function as a petition since they aren’t publicly sharing the signatures) doesn’t change the fact that it’s illegally incentivizing registration. If I promise to pay anyone that votes for my candidate of choice and also sings I’m a little teapot for me, I haven’t sidestepped the law. Musk is doing the same thing, he’s just putting the petition requirement front and center in the hope that framing it that way will make people think it’s legal.
If it was a nonbinding pledge to vote or to register to vote, that would be different. There’d still be all the rules that govern lotteries which could cause legal issues, but it wouldn’t actually cross the line into paying people for being registered voters.