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Tesla CEO Elon Musk, who supports Republican presidential nominee former US President Donald Trump, has defended his super PAC‘s daily $1 million giveaway to voters in key battleground states after the Justice Department (DOJ) raised potential legal concerns, reported NBC News.
During a Friday online town hall on X, Musk said the contest’s purpose was purely to promote constitutional freedoms rather than to incentivize voter registration.
“This is not a petition to vote or register for anyone. It’s really a petition in support of the Constitution of the United States, particularly freedom of speech and the right to bear arms,” Musk clarified during the event.
His remarks respond to a DOJ letter sent to America PAC, Musk’s political action committee, which warned that the lottery-style contest might run afoul of federal laws that prohibit compensating individuals for registering to vote.
The daily $1 million prize is open to registered voters in seven battleground states—Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, and Wisconsin—who sign an online petition supporting the First and Second Amendments.
In Pennsylvania, the PAC also offered $100 to petition signers. Legal experts have noted that while this effort may be in a “grey area” legally, the DOJ’s concern stems from restrictions against financially rewarding voter registration.
However, Musk’s PAC maintains that the contest aims to rally support for constitutional rights, not to influence party affiliation.
“Winners can come from any or no political party,” Musk said. “One doesn’t even have to vote.” The initiative launched during a Trump rally in Harrisburg, Pennsylvania, with Musk emphasizing his support for the former president’s 2024 campaign. Musk has reportedly invested nearly $75 million in the super PAC and has actively campaigned for Trump in Pennsylvania.
Musk, positioning himself as the “anti-Soros” in reference to liberal financier George Soros, said he is focused on preserving fundamental American freedoms. He added, “The DOJ priorities seem wrong,” highlighting recent criminal cases against Trump as “political” and criticizing the DOJ’s intervention in a Virginia lawsuit concerning immigration and state voter rolls.
What DOJ said in letter
The Justice Department issued a warning cautioning that offering $1 million to registered voters who signed a petition could breach federal laws prohibiting payments to voters, according to sources familiar with the matter.
The department’s public integrity unit has sent similar warning letters to other businesses and organisations that have linked promotions to voting, suggesting that if such activities continue, they could face criminal investigation.
Typically, these letters do not specify the department’s next steps but are intended to prompt recipients to alter their practices to comply with legal standards. Under federal law, it is illegal to pay individuals to register to vote.
Despite the DOJ’s concerns, some legal experts argue that Musk’s initiative may not explicitly violate election law.
Election attorney Matthew Sanderson remarked, “I can see why people argue this violates the law, but I don’t think it does.” Musk’s PAC, however, adjusted its wording following the DOJ’s warning, now describing prize recipients as “spokespersons” for the petition.
Yet critics maintain that the core structure, which focuses on registered voters in swing states, may still skirt federal regulations.
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