DOJ warns Elon Musk: Paying voters for US Election support could lead to prison time

DOJ had cautioned Musk that providing financial incentives linked to voting intentions is illegal under federal law.

Elon Musk’s latest voter initiative, where he has pledged to give away $1 million daily to registered voters in swing states who sign a petition supporting the First and Second Amendments, has raised red flags with the Department of Justice (DOJ).

This giveaway, intended to target states critical in the upcoming election, has resulted in $4 million distributed so far, with Musk planning to continue until November 5. However, DOJ election crimes chief Robert Heberle cautioned Musk that providing financial incentives linked to voting intentions is illegal under federal law and could lead to criminal penalties, including up to five years in prison.

According to the DOJ letter, first reported by the “24sight” newsletter, offering monetary incentives that could sway voting behavior is prohibited and may result in severe consequences for the Tesla and SpaceX CEO. Musk’s campaign, promoted on his “America PAC” website, specifies that only registered voters in key swing states like Pennsylvania, Georgia, Nevada, Arizona, Michigan, Wisconsin, and North Carolina are eligible to participate. The petition pledges support for the First and Second Amendments, with Musk’s goal to gather 1 million signatures from voters in these battleground states.

In recent weeks, Musk has publicly congratulated recipients, including voters from Pennsylvania and North Carolina, for their support. His social media post congratulating one voter, Andy, on October 23 drew significant attention and sparked further discussion on the legality of Musk’s initiative.

The DOJ has yet to announce formal actions, but legal experts are already weighing in. Election law scholar Rick Hasen explained that Musk’s initiative “clearly violates” election laws, emphasizing the direct link between financial rewards and voting engagement in specific states.

Musk’s political influence has grown dramatically, as seen in his substantial financial contributions to his America PAC supporting Donald Trump. Musk has donated over $118 million to the super PAC, including a recent $43.6 million infusion aimed at promoting Trump’s 2024 presidential run. The billionaire has become a vocal critic of Democratic candidates and “woke” policies, expressing concerns about the future of the U.S. if Democratic candidate Kamala Harris is elected. Musk, known for his controversial stance on immigration, claimed that electing Harris could mean “this will be the last election.”