Elon Musk issued legal notice for million-dollar voter gift: lawyer

Elon Musk was put on notice by the Justice Department over his $1 million daily donation to registered voters in swing states, according to former U.S. Attorney Joyce Vance.

Legal experts have warned that Musk’s initiative could violate federal laws prohibiting vote buying, which could lead to criminal charges.

In a recent blog post, Vance said the DOJ sent Musk a written notice that his payments “may violate federal law.” She explained that the law prohibiting vote buying “does so in broad terms,” covering any payment made or offered to someone in connection with voting in a federal election.

“Although some have called this ‘just a sternly written letter,’ it is more than that. The law that prohibits vote buying “does so in broad terms,” as described in the DOJ’s Election Crimes Manual, a sort of Bible for federal prosecutors handling such matters. , details,” Vance said.

Will the DOJ prosecute Musk?

“The Justice Department has warned Musk that if he continues to make these payments through his America PAC, he is violating the law, making it difficult to mount a defense if he continues to make the payments,” a- she writes.

She added that while most people would stop such activities when confronted by the DOJ, it remains to be seen how Musk will respond.

The billionaire’s initiative involves awarding $1 million per day to people who sign an online petition supporting the First and Second Amendments. The petition targets registered voters in swing states like Pennsylvania, Georgia, Nevada, Arizona, Michigan, Wisconsin and North Carolina.

Petition signers also currently receive a $47 payment for each registered voter they recommend, as well as a $100 payment for registered voters in Pennsylvania.

Musk’s initiative specifically targets swing states that are crucial in determining the outcome of the election. According to FiveThirtyEight, polls show a tight race in states like Wisconsin and Pennsylvania, heightening concerns that such giveaways could influence voter behavior.

Vance said that if Musk were to face prosecution, it is unlikely to happen before the election “given the evidence the DOJ would have to gather and the timing of presenting it to a grand jury, leaving aside Concerns about taking steps like this so close to an election, this news also sends an important message.

Legal experts on Musk’s actions in America PAC

Neama Rahmani, former federal prosecutor and president of West Coast Trial Lawyers, commented on the legal implications of Musk’s actions.

“Musk walks a very fine line. Federal law is clear. He cannot pay anyone to vote or register to vote. This is prohibited by 18 USC § 597 and 52 USC § 10307,” a Rahmani said. “Signing a petition is free speech protected by the First Amendment. Paying someone to sign a petition is not necessarily illegal, unless the petition is just an excuse to bribe participants to whether they vote or register to vote The fact that the signatories were also registered to vote is questionable, but this is not enough to constitute a blatant violation of our existing laws.

Likewise, David Driesen, a law professor at Syracuse University and author of The specter of dictatorship: the judicial authorization of presidential powerexpressed deep concerns: “Allies of autocrats are trying to help them tip the electoral scales. This is how they destroy democracies. And this is what Musk is doing.”

“If people think votes were bought because there is evidence of that, democracy starts to collapse. We have seen this a lot in Latin America. This is what makes Latin American democracy so unstable and undemocratic – allies of heads of state buy votes,” Driesen added.

“We are going the way of a third world country if we allow this to happen. This must lead to a more forceful response,” he said.

DOJ’s broader efforts to protect elections

The DOJ’s notice to Musk comes amid increased efforts to safeguard the integrity of the upcoming election. In his blog post, Vance highlighted the department’s proactive measures, including recent actions by the Election Threat Task Force.

The task force, established in 2021 to respond to threats of violence against election workers and ensure they can carry out their duties without intimidation, announced developments in four significant criminal cases involving threats against election workers on October 23 .

“Threats against election workers pose a threat to our democratic process. No one should face violence or threats of violence simply for doing their job,” said Assistant Attorney General Lisa Monaco.

She added that the DOJ “will not tolerate those who use or threaten to use violence in an attempt to undermine our democratic institutions.” To carry out their essential work, election officials must be free from inappropriate influence, physical threats and other forms of intimidation.”

News week contacted Elon Musk via email for comment.