Musk's $1M election lottery raises serious legal concerns, says Pennsylvania governor
- Reference: 1729531808
- News link: https://www.theregister.co.uk/2024/10/21/shocking_elon_musks_1m_election/
- Source link:
Shapiro's [1]comments on NBC's Meet the Press Sunday came the day after Musk's first cash prize for [2]signing "in support of the Constitution, especially freedom of speech and the right to bear arms" was handed out at a rally in Harrisburg, PA. The winner was handed a giant check with his name in the "dollars" field and the payee field left blank, as was [3]proudly displayed in a post by Musk's PAC, making it unclear if the novelty item will need to be voided and reissued.
Regardless, the giveaway requires investigation - at least according to former state attorney general, and now governor, Shapiro.
[4]
"Musk has a right to express his views," Shapiro said during the interview, adding that the level of money Musk is injecting into politics - and voters' wallets - is worth a look. Shapiro wouldn't state outright whether he thought Musk's election lottery rose to the level of an election law violation, however.
[5]
[6]
"I think it's something law enforcement could take a look at," Shapiro said while deferring to his current attorney general, Michelle Henry, as the person to act on the matter.
"It does raise some serious questions," Shapiro said after calling Musk's giveaway "deeply concerning."
[7]
The Register reached out to Henry's office, and the AGs for several other states Musk's America PAC lists as swing states where eligible signatories could win his election lotto, but haven't heard back from anyone as to whether they intend to look into the matter.
Legal eagles
Earlier this month we wrote a story about regular Musk opposers and party game makers Cards Against Humanity's [8]campaign to motivate voters through its own super PAC. That campaign offered to pay swing-state voters who apologize for not voting in the last presidential election, pledge to vote this year and post an insult about Republican candidate Donald Trump up to $100, with the amount varying based on state and district.
While that's not directly buying a vote, so much as buying an apology, it still treads a legal gray area only the brave, foolhardy and ultra-rich are willing to wade into, and Cards Against Humanity didn't answer questions for that story about the legality of its initiative.
Given the nature of the news around Musk's $1 million cash prize, we went to take a look at the Cards Against Humanity site, only to find the campaign post had vanished and now redirects visitors to the website the company stood up in September to announce their [9]lawsuit against SpaceX for damaging property the company owns near the Texas-Mexico border. There is a short message about a pack of 2024 election themed cards, made available as part of the earlier stunt, which were still around, though.
We reached back out to Cards Against Humanity to see whether the campaign attracted the attention of election law officials, but didn't hear back this time, either.
[10]White House seizes 32 domains, issues criminal charges in massive election-meddling crackdown
[11]Elon Musk reins in Grok AI bot to stop election misinformation
[12]US elections have never been more secure, says CISA chief
[13]Putin really wants Trump back in the White House
Given that the Cards Against Humanity campaign has disappeared, what does that mean for Musk's plan to award $1 million daily to registered voters who sign his petition?
Election law expert and UCLA law professor Richard Hasen, writing on his Election Law Blog, [14]claimed this weekend that while the petition might have been "of murky legality," Musk's election lottery, in his opinion, is "clearly illegal."
[15]
Hasen wrote that there are laws on the books about it being illegal to pay or accept payment for registration to vote or for voting, but also added that the Department of Justice's rather lengthy election crimes [16]manual [PDF] states outright that "lottery chances" are a form of bribe, and bribes are illegal if they "intended to induce or reward the voter for engaging in one or more acts necessary to cast a ballot."
In order to sign the petition, and thus be eligible for the potential to win Musk's cash, one has to be a registered voter, which essentially serves as motivation to register to vote. The fact that only registered voters are eligible to sign Musk's petition and be in the running for his prize is "what makes it illegal," Hasen opined.
We're assuming, of course, Musk will actually make good on his promise to pay what he's owed, [17]which [18]critics [19]might argue is [20]is [21]not a [22]sure [23]thing . Failure to do so might open up another avenue for suing Musk, unless law enforcement steps in with an injunction to put a lid on the whole thing.
In the meantime, a second $1 million prize was reportedly awarded at a rally in Pittsburgh on Sunday. It's not clear whether any money has been given to either recipient yet, but hey - at least they filled out the check [24]correctly on the second try. ®
Get our [25]Tech Resources
[1] https://www.nbcnews.com/meet-the-press/video/gov-shapiro-says-law-enforcement-could-look-at-elon-musk-s-1m-giveaway-to-super-pac-supporters-222213189705
[2] https://petition.theamericapac.org/
[3] https://x.com/america/status/1847864967816511758?s=46
[4] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2ZxbPB1PLBgOPLAjC-o5R5gAAAFc&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0
[5] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZxbPB1PLBgOPLAjC-o5R5gAAAFc&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[6] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33ZxbPB1PLBgOPLAjC-o5R5gAAAFc&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[7] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZxbPB1PLBgOPLAjC-o5R5gAAAFc&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[8] https://www.theregister.com/2024/10/10/cards_against_humanity_us_election/
[9] https://www.theregister.com/2024/09/23/cards_against_humanity_spacex/
[10] https://www.theregister.com/2024/09/05/biden_cracks_down_on_putins/
[11] https://www.theregister.com/2024/08/28/grok_election_misinformation/
[12] https://www.theregister.com/2024/08/08/election_tech_is_fine_says/
[13] https://www.theregister.com/2024/09/18/russia_putin_trump_white_house/
[14] https://electionlawblog.org/?p=146397
[15] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33ZxbPB1PLBgOPLAjC-o5R5gAAAFc&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[16] https://www.justice.gov/criminal/file/1029066/dl
[17] https://www.theregister.com/2024/03/05/twitter_management_sue_musk/
[18] https://www.theregister.com/2023/01/23/twitter_consultant_lawsuit/
[19] https://www.theregister.com/2023/01/31/twitter_market_square_lawsuit/
[20] https://www.theregister.com/2024/05/14/spacex_liens_texas/
[21] https://www.theregister.com/2024/08/20/x_corp_wiwynn_lawsuit_unpaid_bills/
[22] https://www.theregister.com/2023/05/18/twitter_staff_sue_musk/
[23] https://www.theregister.com/2023/07/13/twitter_lawsuit/
[24] https://twitter.com/america/status/1848201596468904086
[25] https://whitepapers.theregister.com/
If being in "actual" office compelled you to "keep your mouth shut" or else, Trump would have noticed while he was in office. Obviously, it doesn't.
I'm not clear how Trump acting atrociously justifies others acting atrociously. Can you elaborate?
So Freedom of Speech™ - unless you are in office...?
He's governor, not attorney general, so it's not in his purview.
18 U.S. Code § 597 - Expenditures to influence voting, 52 U.S. Code § 10307 - Prohibited acts
Well first of all cornetman, Shapiro is not only a lawyer, but he used to be the Attorney General of Pennsylvania from 2017-2023. But hey, why let the facts get in the way of a dumbass comment?
18 U.S. Code § 597 - Expenditures to influence voting
Whoever makes or offers to make an expenditure to any person, either to vote or withhold his vote, or to vote for or against any candidate; and
Whoever solicits, accepts, or receives any such expenditure in consideration of his vote or the withholding of his vote—
Shall be fined under this title or imprisoned not more than one year, or both; and if the violation was willful, shall be fined under this title or imprisoned not more than two years, or both.
52 U.S. Code § 10307 - Prohibited acts
52 U.S. Code § 10307 -(c) False information in registering or voting; penalties
“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…”
Re: 18 U.S. Code § 597 - Expenditures to influence voting, 52 U.S. Code § 10307 - Prohibited acts
"18 U.S. Code § 597 - Expenditures to influence voting"
In essence, only non-tangible persuasion should be used to influence voters. Other inducements and/or threats are right out. Saying that legally takes pages and pages which, unfortunately, might lead to loopholes, the lawyer's best friend.
If Elon were smart, he wouldn't have gone anywhere near this sort of thing, but as a political newbie, he was backing Kanye West previously. Full of hubris, he's going to make some very big errors. I supposed he better hope Mr Trump is elected and willing to pardon him.
Re: 18 U.S. Code § 597 - Expenditures to influence voting, 52 U.S. Code § 10307 - Prohibited acts
I'm not disputing the question of legality one way or the other, I'm not a public prosecutor but neither is Governor Shapiro or Trump. More specifically, they are/were members of the Executive Branch.
Joe Biden has done, in my view, a good job in this area, while there may be question marks about him side stepping separation of powers in other fields, he's always stayed in his Executive lane when it comes to commenting on the relative legality of the actions of political opponents or on the decisions of the courts that he evidently personally disagrees with (e.g. Rittenhouse).
So this doesn't really answer the question of why it's acceptable for Governor Shapiro to make comments that are within the purview of the Judicial branch. "Trump did it" is, in my view, a poor excuse.
Re: 18 U.S. Code § 597 - Expenditures to influence voting, 52 U.S. Code § 10307 - Prohibited acts
"he's always stayed in his Executive lane when it comes to commenting on the relative legality of the actions of political opponents "
Yes, but. Like more and more Presidents, he's used "Executive Orders" to circumvent congress when he knows they will take longer than he likes or won't pass the legislation he wants. He also knows that they won't take action against those orders most of the time. He's still trying to find a way for government to pay off student loans without creating a tax bill for those people. There are no saints in politics and you just have to chose the ones you think won't commit the sins you find the most grievous. Executive Orders need to be reigned in. They were put in place at a time when calling Congress to meet to declare war would take day or weeks and time was of the essence. That isn't the case anymore and it's abused more than used properly (by all of them).
Re: 18 U.S. Code § 597 - Expenditures to influence voting, 52 U.S. Code § 10307 - Prohibited acts
I don't expect or ask for spotless purity, I only object to the bunch that gives the "it's (D)ifferent" slur (more often than not used falsely) actual ammunition. It makes it difficult for the rest of us to meaningfully point the finger at the misdeeds of the right when there's an overlap.
Who knows, perhaps many of them are actually sock puppeteering right wingers.
Shocked... shocked, I tell you... well, not that shocked.
Creepy McCreepface, or the Elongated Muskrat, or one of the Musketards... does something skeevy, creepy, fascistic and anti-democratic.
In other news... what water touches... is wet (Which, co-incidentally... is also the opposite of every woman he's ever slept with).
Waste of money.
Shame all that wealth can't buy Musk a character transplant or personality makeover.
Re: Waste of money.
Normally the transplanted element may be rejected by the adopting body, but I suspect in Musk's case the to be transplanted thing would reject Musk.
Revulsion, thy name is Musk.
Seems like the smart move would be to sign up and reduce the chances of a Republican winning. Any Democratic winners could even donate their winnings to the Harris campaign.
The great uMthondo we Sizwe, who is famous for not paying his bills, doesn't know how to write a check? Inconceivable!
Icon because USAF should've done it to his security clearance a long time ago.
The giant cheques are symbolic only and then only for the older people because a whole generation wouldn’t have a clue about them as they virtually disappeared from commerce since the last century.
Judging by the downvotes, I’d say that the magatards and musktards are out in force today - but too busying shuffling about in the corner whilst listening to music to be able to reply verbally.
Come on! Use your words!
Prediction: Musk keeps deferring payment until after the election (there are not many days to dream up excuses for) and then refuses to pay. It's cheap and gets him out of a legal hole. (Unless Florida Man wins and decides to pardon him.)
Aren't there laws about what amounts to bribing people to vote a certain way?
Sign up, register, vote for the elephant in the room, potentially win a million bucks.
Now, d'you think people signing up now are interested in politics or Trump or rich right-wing cockwombles, or are they hoping to be one of the ones picked to win a decent pile of cash?
Add this to my Soros check!
With this and my Soros check, I'll be rich I tell ya! RICH!
Musk's first cash prize for signing "in support of the Constitution"
Has oh-so-pious Mr Constitution Supporter had any comment to make yet about the level of support for the constitution that the candidate he's supporting to the tune of millions of dollars showed after the last presidential election?
I'm reminded of some rich kids at uni...
At University, there were a number of foreign students whose tuition were paid in full plus a stipend by his country. (there were no females except their wives, mind you) Those from this country loved to flaunt their wealth. Especially by driving ostentatiously impractical vehicles and parking then illegally. To them, the citations were just the fee to park wherever they wanted. Like it was a premium service just for the rich. They soon learned that some of those "premium parking" areas included "valet service" to the impound lot and a lot of paperwork to get it released. They also destroyed their vehicles when the snow started falling. And most were expelled, often after only one semester, when they learned that can't just pay peasants to do their school work for them. They got every angry because they just couldn't understand why it wasn't allowed, especially since they paid the individuals. None of them drove Tesla, BTW. Too much pride in the oily source of their wealth.
A fool and his money are soon parted
Of course, he has a lot of money. But then again, he is a very big fool
Pennsylvania governor Josh Shapiro, as a person in actual office, should probably keep his mouth shut unless he can determine whether or not what Musk is doing is illegal, regardless of what anyone thinks about his actions.
Being a state governor comes with some rather important obligations. If he had concerns about legality, he should be talking to the DA quietly behind closed doors.