I'm sure you have heard of the $1 million incentive that tech billionaire GOP surrogate Elon Musk has proposed this election season. If you haven't, let me break it down: Musk has promised $1 million a DAY to one lucky signee of his PAC's petition that promises they will 'back the Constitution'. If something feels a bit off to you, and maybe even a bit illegal, you aren't alone.
Musk not only is promising the chance to win a large sum of money but also took to his platform 'X' (previously known as Twitter) to let his followers know that for every swing-state residing person they refer to fill out the petition, they will receive $47.Â
Let's Apply the Law
This elaborate scheme most certainly violates federal election laws.
According to 52 U.S.C. 10307(c), in the US, you can not offer paid incentives to get citizens to register to vote in any election, and what is one of the requirements for Musk's giveaway? Yup, being registered to vote already.
Therefore, through Musk requiring citizens to be registered to win the cash, many potential voters, who may not have voted at all, will then go forth in registering, implicating Musk (allegedly) in a crime that is punishable by around 5 years in prison and/or fines.
It is important to emphasize how truly unthought-out his plan is, as to violate section 10307(c), the action must have been intended to induce or reward the voter for engaging in one or more acts necessary to cast a ballot. There should be no question on if he violated federal election laws, as, by the book, he did. He hasn't even tried to hide it.
Swing States Fighting Back
One of the most watched swing states this year (and every year for the past 3 elections), Pennsylvania, is fighting back against Musk and his 'America' PAC. Philadelphia's district attorney filed a civil lawsuit against both Musk and his super PAC, asking a state judge to shut down his giveaway on the basis it is an 'illegal lottery scheme'.
The challenge had been moved to a federal court after a hearing in which Musk conveniently skipped out on attending, to the judge's dismay. It was on hold but has officially been sent back down to a state court after a federal judge rejected it, serving a huge blow to Musk, whose team fought for the case to be heard in a federal setting.
The hearing took place on Monday, November 4th, the day before the election and it was ruled that the giveaway could continue. Ridiculous.
The True Purpose
Let's cut to the chase, though. Is it really about 'backing the Constitution' or is it about providing an incentive for people to vote for the twice-impeached, 34-time convicted felon that is Donald Trump? I'm going with the latter, and if you need to promise the chance of winning money to get voters, you may be in some political trouble.
Let's look further into this though. Musk's PAC is targeting voters specifically who support the First Amendment, which seemingly could be on either side of the aisle. However, he is emphasizing support for the Second Amendment, the 'Right to Bear Arms', which is arguably far more popular and substantial for right-wing voters, who would support Trump, more than anyone on the Left.
Musk is also Trump's most popular surrogate this election cycle, so it would be strange to think he had any reason to just 'simply register voters' if they weren't going to vote for the man he has endorsed, Trump, especially so close to the election, in the swing state that could make or break the outcome of the race.
The Irony
Lastly, it isn't lost on me the absolute irony of the entire situation.
Backing the Constitution should be an easy thing for most Americans since it is the backbone of our nation. However, the very man Musk is endorsing, Trump, wanted to, quite literally, terminate the Constitution so the results of the 2020 election could be overturned. How can you be stressing the importance of constitutional values for potential voters, yet the man you're voting for has time and time again undermined them? I mean truthfully, have we all collectively forgotten about January 6th?
Well, most normal people haven't, but I can see the Republicans may have a collective amnesia problem within the party.
The Bottom Line
I can understand the glitz and glam of the potential to win $1 million, but may I offer a better solution: play the lottery*. You do not have to give your political power away or vote for a convicted felon, to have a chance to win a substantial amount of money. You don't even have to be registered to vote for this giveaway!
And just to reiterate, not even a million dollars could make me vote for Donald Trump.
*I don't endorse gambling in any form, of course.
Photo Credit: Anna Moneymaker | Getty Images
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