DOJ warns Musk his $1 million petition contest could violate election laws

The Justice Department sent a letter to tech billionaire Elon Musk’s political group, warning that its contest offering registered voters in swing states a chance to win $1 million for signing a petition could run afoul of federal election laws, according to a person familiar with the matter.

The letter was sent from the agency’s Public Integrity Section, which oversees the federal prosecutions of public officials and election crimes.

Musk, a supporter of Republican presidential nominee Donald Trump, announced over the weekend that his political group, America PAC, would use a lottery to award $1 million each day until the Nov. 5 election to a registered voter who signs a petition saying they support free speech and the right to bear arms. Only voters registered in seven swing states – Pennsylvania, Georgia, Nevada, Arizona, Wisconsin, Michigan and North Carolina – are eligible for the prizes.

Since Saturday, America PAC’s website says, it has awarded four people $1 million. The super PAC initially announced a new winner each day on its website and social media but did not announce a winner on its website on Wednesday, the day the Justice Department letter was first reported by the 24 Sight newsletter. It also had not announced a winner by Thursday afternoon.

Federal law prohibits groups and individuals from bribing people to register to vote, and some election law experts said Musk’s petition is a disguised voter drive in which he is essentially bribing people to register. The law that experts warn Musk could be violating carries a $10,000 fine and up to five years in prison.

Musk has defended the petition online, saying voters who want to be eligible for the $1 million prizes do not need to register as Republicans or vote in the Nov. 5 election.

“The only thing we ask for the million dollars is that you be a spokesperson for the petition. And that’s it really. That’s it,” Musk said this week when he awarded the first $1 million prize.

It’s not uncommon for the Justice Department to send letters to businesses or individuals, warning of potentially illegal behavior. The letters do not indicate that a criminal investigation is ongoing but are intended to deter the potentially illicit behavior.

The Justice Department declined to comment. A representative from Musk’s political group also declined to comment.

Former Republican lawmakers, advisers and Justice Department officials this week called on Attorney General Merrick Garland to investigate Musk. They said in the letter to Garland and Pennsylvania Attorney General Michelle Henry (D) that Musk was flouting election laws with the contest.

“We are aware of nothing like this in modern political history,” the letter from the former officials says of Musk’s offers. “We urge you to investigate whether America PAC’s payments are prohibited payments for voter registration. We recognize that they are framed as payments for signing a petition, or for referring voters who sign. But many of the payments are restricted to registered voters, so anyone who wishes to get paid must first register.”

Sen. Tom Cotton (R-Ark.) defended Musk in a letter to the attorney general Thursday, accusing Garland of weaponizing the Justice Department “against not only President Trump, but also his supporters.”

Cotton’s letter highlighted sweepstakes in support of Harris, including a free trip to Las Vegas to meet former first lady Michelle Obama. That competition says that participants do not need to be registered to vote to qualify for the prize.

“I’m very concerned that the Biden-Harris administration has once again singled out center-right Americans like Mr. Musk for political retribution while turning a blind eye to liberal-leaning groups engaged in similar behavior,” he wrote, according to a copy reviewed by the Post. “Where are the threats of legal consequences for liberals? Have you sent Michelle Obama an intimidating letter?”

Musk pumped nearly $75 million into America PAC, formed this spring, making him one of the biggest donors of this year’s election cycle. The billionaire has been closely involved with the group’s strategy, including by overseeing sudden tactical changes and the firing of some vendors working on its campaigning efforts.

The super PAC has since emerged as a significant player in Trump’s re-election bid, as it is running one of the most ambitious independent get-out-the-vote operations for him in the final stretch of the campaign.

The group’s voter registration sweepstakes is part of an effort to reach swing state voters who are disengaged from politics or not registered to vote. Musk said in a post on X that he was offering the $1 million prize because “we want to make sure that everyone in swing states hears about this and I suspect this will ensure they do.”

People can also receive $47 if they refer a registered voter to sign the petition in support of the First and Second Amendments, according to the America PAC website.

At a recent training session in Wisconsin, America PAC canvassers were told it would be difficult to knock on the hundreds of thousands of doors assigned to them in the state before Election Day, according to a person who attended the training who spoke on the condition of anonymity for fear of retaliation.

The canvassers were told to focus on getting confirmed Trump voters out to the polls early rather than trying to change the minds of undecided or Harris voters, the person said, and to reduce the time they wait before knocking again on an unanswered door from 30 seconds to 15 seconds.

- – -

Michael Scherer contributed to this report.