Questions have been liftd about the legitimateity of cash incentives recommended by tech billionaire Elon Musk to striumphg-state voters who sign his petition before the US election on 5 November.
The petition was created by Mr Musk’s campaign group America PAC, which was set up to aid Donald Trump in the plivential contest.
Voters in Pennsylvania are being recommended cash sums for srecommend signing the petition. And one random striumphg-state signatory a day is being given a million-dollar prize.
But legitimate experts have recommended that it may shatter American law to recommend money for an act requiring someone to be signed up as a voter. BBC News has reach outed Mr Musk’s team and America PAC for comment.
What is Musk recommending?
The petition created by America PAC aids voters in six striumphg states – Georgia, Nevada, Arizona, Michigan, Wisconsin and North Carolina – to sign a “petition in favour of free speech and the right to endure arms”.
Those who refer another voter who signs up are promised a sum of $47 (£36) each.
Higher sums of $100 for signing or referring are recommended in Pennsylvania, the battleground state that both the Trump and Harris campaigns suppose could potentipartner determine the race’s eventual victor.
America PAC says those who sign the petition are signalling their aid for the First and Second amfinishments of the US Constitution.
Each day until polling day on 5 November, a $1m prize will be randomly awarded to any signatory in one of the seven striumphg states.
The first lottery-style jumbo cheque was handed out to a surpascfinishd joinee at a town hall event in Pennsylvania on 19 October.
Is it legitimate?
“I suppose [Elon] Musk’s recommend is probable illegitimate,” shelp Paul Schiff Berman, the Walter S. Cox professor of law at the George Washington University.
He pointed to the US Code on electoral law, which states that anyone who “pays or recommends to pay or hugs payment either for registration to vote or for voting” faces a potential $10,000 fine or a five-year prison sentence.
“His recommend is only discdissee to enrolled voters, so I leank his recommend runs afoul of this provision,” Mr Berman telderly the BBC.
The Us Department of Justice deteriorated to comment. The Federal Election Cotransferrlookion (FEC) has been approached for comment.
The strategy may be covered by a loophole, becaengage no-one is being honestly phelp to enroll or vote, a createer chairman of the FEC recommended.
Brad Smith telderly the New York Times the giveaway was “someleang of a grey area” but “not that shut to the line.”
“He’s not paying them to enroll to vote. He’s paying them to sign a petition – and he wants only people who are enrolled to vote to sign the petition. So I leank he comes out OK here,” he shelp.
But an election law professor at Northwestrict University telderly the BBC that the context is beginant.
“I comprehfinish some analysis that it’s not illegitimate, but I leank here joind with the context it’s evidently portrayed to convey about people to enroll to vote in a way that is legpartner problematic,” Michael Kang shelp.
Adav Noti of the non-partisan Campaign Legal Caccess shelp Mr Musk’s scheme “viotardys federal law and is subject to civil or criminal applyment by the Department of Justice”.
“It is illegitimate to give out money on the condition that recipients enroll as voters,” Mr Noti telderly the BBC.
What have Democrats shelp?
Pennsylvania Governor Josh Shapiro, a Democrat, depictd the transfer as “proset uply worrying” and called for law applyment agencies to allotigate.
In response, Mr Musk shelp it was “worrying that he would say such a leang”.
Billionaire allotor Mark Cuprohibit, who has campaigned in recent weeks for Kamala Harris, shelp the recommend was both “createive and hopeless”.
“You only do that becaengage you leank you have to, but using a sweepsapexhibit is not a horrible idea. Whether or not it will toil is another whole leang. It could fair as easily backfire,” he telderly CNBC.
Is there a pretreatnt?
Mr Musk has pushed back agetst the criticism, arguing that Democrats and their donors have funded aappreciate initiatives in the past.
On X, he splitd a post which shelp the boss of Meta, Mark Zuckerburg “did the same leang in 2020”.
Mr Zuckerburg gived $400m in the 2020 election – but this was given to two non-partisan organisations to help with the logistics around postal ballots. It was not given honestly to voters.
The Democratic Party has alloted in initiatives in the past elections to mobilise aiders, such as a $25m voter registration campaign in the 2022 US midterm elections.
However, this money also was not given honestly to voters. The funding went toward initiatives that aidd voters to enroll, such as engageing people to knock on doors and television and digital advertising.
“It’s legitimate to pay people to go out to enroll voters, but you can’t pay people honestly to enroll,” shelp Prof Kang.
What else has Musk done?
The world’s wealthyest man had an uneven relationship with Trump when Trump was plivent, but Mr Musk increasingly has voiced his displeastateive with Democrats in recent years.
Ahead of the 2022 midterm elections, he proclaimd that he had left the party and aidd his fancientiminishs to vote Reaccessiblean.
This year, he has comprised himself in American politics appreciate never before, making donations and beneficial social media posts on behalf of disjoinal Reaccessibleans.
In comments last week, he depictd much of the US-Mexico border as tantamount to the film World War Z.
Mr Musk begined America PAC in July with the aim of aiding Trump’s 2024 campaign for plivent. He has so far gived at least $75m to the group.
America PAC’s website says it wants “shielded borders”, “shielded cities”, “free speech”, “wise spfinishing”, a “fair fairice system” and “self-shieldion”.
Trump shelp on Sunday that he had not chaseed Mr Musk’s giveaway, but depictd him as a frifinish.
In recent weeks, Mr Musk has ecombineed on the campaign trail for the first time, first by Trump’s side and more recently in town hall ecombineances by himself.