Is Elon Musk’s $1 million draw for registered GOP voters legal? Here’s what the experts say

Billionaire Elon Musk is making headlines again, this time not for rockets or electric cars, but for handing out $1 million to supporters of his latest political venture. Musk’s plan, tied to an online petition in what he claims is support of the US Constitution, is offering massive cash prizes to registered voters – a move that has raised some serious legal eyebrows.

It all started at an event in Pennsylvania, where Musk surprised a man named John Dreher with a $1 million check. Dreher had signed Musk’s petition, and apparently, that was enough to get him a seven-figure payout. Musk, never one to shy away from theatrics, casually announced, “John had no idea. So anyway, you’re welcome,” as he handed over the check.

Is Elon Musk’s $1 million political giveaway legal?

While Dreher might be thrilled with his windfall, election law experts are a bit more cautious. Federal law makes it pretty clear that offering money in exchange for registering to vote – or for voting itself – is a crime, punishable by up to five years in prison. So naturally, the question is: does Musk’s million-dollar sweepstake cross that line?

According to Derek Muller, an election law professor at Notre Dame, speaking with CNN, the giveaway “looks like you’re giving cash for voter registration,” which could raise serious legal concerns. Muller pointed out that while most states criminalise payments for voting, offering cash specifically to registered voters could still be seen as a form of bribery, depending on how the law is interpreted.

Musk’s America PAC, the political action committee he founded to support Donald Trump’s 2024 bid for the presidency, is already working to register voters in key battleground states. And this cash incentive – not Musk’s first attempt – seems to be pushing that agenda further, particularly in Pennsylvania, where registration deadlines are fast approaching. Muller noted that while it’s rare for election bribery cases to be prosecuted, it’s the kind of situation that could raise federal concerns. And some experts are going further, labelling Musk’s scheme as outright illegal.

David Becker, a former Justice Department official who worked on voting rights cases, didn’t mince his words. “This isn’t a particularly close case – this is exactly what the statute was designed to criminalise,” Becker said. He emphasised that targeting only registered voters in swing states is clear evidence of Musk’s intent to sway the election outcome. Others have pointed to the Justice Department’s election crimes manual, which specifically warns against “lottery chances” designed to influence voter registration.

Whether or not Musk finds himself in trouble over this is unknown for the time being, and given the election is just a couple of weeks away, a win for Trump may be enough to ensure it doesn’t matter thereafter. Either way, this act suggests that there is a lot of desperation in the Republican camp, with the feeling that they need to throw money at voters rather than simply have confidence in their policies and leader.