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Musk is giving some US voters $1m. Is it legal? | Musk is giving some US voters $1m. Is it legal? |
(about 1 hour later) | |
Elon Musk speaks at a town hall in Pennsylvania. | |
Questions have been raised about the legality of cash incentives offered by tech billionaire Elon Musk to swing-state voters who sign his petition before the US election on 5 November. | Questions have been raised about the legality of cash incentives offered by tech billionaire Elon Musk to swing-state voters who sign his petition before the US election on 5 November. |
The petition was created by Mr Musk’s campaign group America PAC, which was set up to support Donald Trump in the presidential contest. | The petition was created by Mr Musk’s campaign group America PAC, which was set up to support Donald Trump in the presidential contest. |
Voters in Pennsylvania are being offered cash sums for simply signing the petition. And one random swing-state signatory a day is being given a million-dollar prize. | Voters in Pennsylvania are being offered cash sums for simply signing the petition. And one random swing-state signatory a day is being given a million-dollar prize. |
But legal experts have suggested that it may break American law to offer money for an act requiring someone to be signed up as a voter. BBC News has contacted Mr Musk's team and America PAC for comment. | But legal experts have suggested that it may break American law to offer money for an act requiring someone to be signed up as a voter. BBC News has contacted Mr Musk's team and America PAC for comment. |
What is Musk offering? | What is Musk offering? |
The petition created by America PAC encourages voters in six swing states - Georgia, Nevada, Arizona, Michigan, Wisconsin and North Carolina - to sign a "petition in favour of free speech and the right to bear arms". | The petition created by America PAC encourages voters in six swing states - Georgia, Nevada, Arizona, Michigan, Wisconsin and North Carolina - to sign a "petition in favour of free speech and the right to bear arms". |
Those who refer another voter who signs up are promised a sum of $47 (£36) each. | Those who refer another voter who signs up are promised a sum of $47 (£36) each. |
Higher sums of $100 for signing or referring are offered in Pennsylvania, the battleground state that both the Trump and Harris campaigns believe could potentially decide the race's eventual victor. | Higher sums of $100 for signing or referring are offered in Pennsylvania, the battleground state that both the Trump and Harris campaigns believe could potentially decide the race's eventual victor. |
America PAC says those who sign the petition are signalling their support for the First and Second Amendments of the US Constitution. | America PAC says those who sign the petition are signalling their support for the First and Second Amendments of the US Constitution. |
Each day until polling day on 5 November, a $1m prize will be randomly awarded to any signatory in one of the seven swing states. | Each day until polling day on 5 November, a $1m prize will be randomly awarded to any signatory in one of the seven swing states. |
The first lottery-style jumbo cheque was handed out to a surprised attendee at a town hall event in Pennsylvania on 19 October. | The first lottery-style jumbo cheque was handed out to a surprised attendee at a town hall event in Pennsylvania on 19 October. |
Watch: Elon Musk gives $1m to a rally attendee | |
Is it legal? | Is it legal? |
"I believe [Elon] Musk's offer is likely illegal," said Paul Schiff Berman, the Walter S. Cox Professor of Law at the George Washington University. | "I believe [Elon] Musk's offer is likely illegal," said Paul Schiff Berman, the Walter S. Cox Professor of Law at the George Washington University. |
He pointed to the US Code of electoral law, which states that anyone who "pays or offers to pay or accepts payment either for registration to vote or for voting" faces a potential $10,000 fine or a five-year prison sentence. | He pointed to the US Code of electoral law, which states that anyone who "pays or offers to pay or accepts payment either for registration to vote or for voting" faces a potential $10,000 fine or a five-year prison sentence. |
"His offer is only open to registered voters, so I think his offer runs afoul of this provision," Mr Berman told the BBC. | "His offer is only open to registered voters, so I think his offer runs afoul of this provision," Mr Berman told the BBC. |
The justice department declined to comment. The Federal Election Commission (FEC) has been approached for comment. | The justice department declined to comment. The Federal Election Commission (FEC) has been approached for comment. |
The strategy may be covered by a loophole, because no-one is being directly paid to register or vote, a former chairman of the FEC suggested. | The strategy may be covered by a loophole, because no-one is being directly paid to register or vote, a former chairman of the FEC suggested. |
Brad Smith told the New York Times the giveaway was “something of a grey area” but “not that close to the line.” | Brad Smith told the New York Times the giveaway was “something of a grey area” but “not that close to the line.” |
“He’s not paying them to register to vote. He’s paying them to sign a petition - and he wants only people who are registered to vote to sign the petition. So I think he comes out OK here,” he said. | “He’s not paying them to register to vote. He’s paying them to sign a petition - and he wants only people who are registered to vote to sign the petition. So I think he comes out OK here,” he said. |
But an election law professor at Northwestern University told the Associated Press that the context was important. | But an election law professor at Northwestern University told the Associated Press that the context was important. |
“It’s not quite the same as paying someone to vote, but you’re getting close enough (to polling day) that we worry about its legality,” Michael Kang said. | “It’s not quite the same as paying someone to vote, but you’re getting close enough (to polling day) that we worry about its legality,” Michael Kang said. |
Adav Noti of the non-partisan Campaign Legal Center said Mr Musk's scheme "violates federal law and is subject to civil or criminal enforcement by the Department of Justice". | Adav Noti of the non-partisan Campaign Legal Center said Mr Musk's scheme "violates federal law and is subject to civil or criminal enforcement by the Department of Justice". |
"It is illegal to give out money on the condition that recipients register as voters," Mr Noti told the BBC. | "It is illegal to give out money on the condition that recipients register as voters," Mr Noti told the BBC. |
Harris or Trump: Who is ahead in US election polls? | Harris or Trump: Who is ahead in US election polls? |
Musk offers prize of $1m a day to swing states voters | Musk offers prize of $1m a day to swing states voters |
Who is Elon Musk and what is his net worth? | Who is Elon Musk and what is his net worth? |
What have Democrats said? | What have Democrats said? |
Pennsylvania Governor Josh Shapiro, a Democrat, described the move as "deeply concerning" and called for law enforcement agencies to investigate. | Pennsylvania Governor Josh Shapiro, a Democrat, described the move as "deeply concerning" and called for law enforcement agencies to investigate. |
In response, Mr Musk said it was "concerning that he would say such a thing". | In response, Mr Musk said it was "concerning that he would say such a thing". |
Billionaire investor Mark Cuban, who has campaigned in recent weeks for Kamala Harris, said the offer was both "innovative and desperate". | Billionaire investor Mark Cuban, who has campaigned in recent weeks for Kamala Harris, said the offer was both "innovative and desperate". |
"You only do that because you think you have to, but using a sweepstake is not a bad idea. Whether or not it will work is another whole thing. It could just as easily backfire," he told CNBC. | "You only do that because you think you have to, but using a sweepstake is not a bad idea. Whether or not it will work is another whole thing. It could just as easily backfire," he told CNBC. |
What else has Musk done? | What else has Musk done? |
The world's richest man had an uneven relationship with Trump when Trump was president, but Mr Musk has increasingly voiced his displeasure with Democrats in recent years. | The world's richest man had an uneven relationship with Trump when Trump was president, but Mr Musk has increasingly voiced his displeasure with Democrats in recent years. |
Ahead of the 2022 midterm elections, he announced that he had left the party and encouraged his followers to vote Republican. | Ahead of the 2022 midterm elections, he announced that he had left the party and encouraged his followers to vote Republican. |
This year, he has involved himself in American politics like never before, making donations and supportive social media posts on behalf of several Republicans. | This year, he has involved himself in American politics like never before, making donations and supportive social media posts on behalf of several Republicans. |
In comments last week, he described much of the US-Mexico border as tantamount to the film World War Z. | In comments last week, he described much of the US-Mexico border as tantamount to the film World War Z. |
Mr Musk launched America PAC in July with the aim of supporting Trump's 2024 campaign for president. He has so far donated at least $75m to the group. | Mr Musk launched America PAC in July with the aim of supporting Trump's 2024 campaign for president. He has so far donated at least $75m to the group. |
America PAC's website says it wants "secure borders", "safe cities", "free speech", "sensible spending", a "fair justice system" and "self-protection". | America PAC's website says it wants "secure borders", "safe cities", "free speech", "sensible spending", a "fair justice system" and "self-protection". |
Trump said on Sunday that he had not followed Mr Musk's giveaway, but described him as a friend. | Trump said on Sunday that he had not followed Mr Musk's giveaway, but described him as a friend. |
In recent weeks, Mr Musk has appeared on the campaign trail for the first time, first by Trump's side and more recently in town hall appearances by himself. | In recent weeks, Mr Musk has appeared on the campaign trail for the first time, first by Trump's side and more recently in town hall appearances by himself. |
SIMPLE GUIDE: How to win a US election | SIMPLE GUIDE: How to win a US election |
EXPLAINER: What Harris or Trump would do in power | EXPLAINER: What Harris or Trump would do in power |
GLOBAL: Harris or Trump? What Chinese people want | GLOBAL: Harris or Trump? What Chinese people want |
ON THE GROUND: Democrats take fight deep into Trump country | ON THE GROUND: Democrats take fight deep into Trump country |
FACT-CHECK: What the numbers really say about crime | FACT-CHECK: What the numbers really say about crime |
POLLS: Who is winning the race for the White House? | POLLS: Who is winning the race for the White House? |