Musk defies DOJ warning with another $1M-a-Day giveaway in key swing states

Elon Musk is pressing forward with his controversial $1 million-a-day giveaway targeting swing-state voters, despite receiving a formal warning from the US Department of Justice (DOJ).

The DOJ’s public integrity section cautioned that Musk’s initiative might violate federal election laws prohibiting vote-buying, particularly as the election nears.

Musk’s America PAC launched the daily cash award on October 19, offering $1 million to randomly selected voters in battleground states like Pennsylvania, Georgia, Michigan, and Arizona who sign a petition supporting the First and Second Amendments.

Since then, several winners have emerged, and Musk has continued to announce prize recipients despite the DOJ’s written warning issued earlier this week.

According to election law experts, Musk’s program may constitute illegal financial inducement aimed at influencing the election’s outcome by encouraging voter registration and participation in support of pro-Trump ideals.

Northwestern University law professor Michael S. Kang noted that the initiative’s timing, only weeks before the election, raises legal concerns around the incentive’s potential impact on new voter registration in crucial states.

Kang described Musk’s incentives as “financial inducement,” which could expose both Musk and prize recipients to legal penalties.

Musk, a vocal supporter of former President Donald Trump, has made substantial contributions to Trump’s campaign through America PAC and has spoken at pro-Trump rallies.

This background has intensified scrutiny over Musk’s giveaway, which the DOJ suggested could sway political engagement in favor of Trump.

Election law scholar Rick Hasen described the program as “a clear violation” of election laws, asserting that even the DOJ’s initial letter signals the seriousness of Musk’s legal risk.

Musk’s PAC responded to the DOJ notice by continuing to award prizes to petition signers, recently posting that Michigan voter Jason Cochran won $1 million for his support.

A post on X (formerly Twitter) shared a picture of Cochran holding a novelty check, adding to the growing list of winners, which includes voters in Wisconsin and Pennsylvania.

While the DOJ has yet to pursue any formal legal action against Musk, DOJ election crimes chief Robert Heberle reiterated that federal laws broadly prohibit financial rewards tied to voting behavior, stressing that violating these statutes can carry severe consequences, including potential jail time.

He added that incentives offered with the intent to affect voter turnout or preferences are subject to the DOJ’s strict oversight.

Musk’s continued defiance is likely to prompt further investigation as Election Day approaches.