Pennsylvania Governor Calls Out Elon Musk's $1 Million Sweepstakes on: NPR

Elon Musk speaks at a town hall meeting in support of Republican presidential candidate former President Donald Trump on Thursday, October 17, in Folsom, Pennsylvania.

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Elon Musk — the billionaire tech founder and supporter of former President Donald Trump — is giving away $1 million to a Pennsylvania resident every day through November 5th. Two people have already won the prize money after signing Musk's America PAC petition in support of the Constitution.

The sweepstakes is raising concerns among election law experts and Pennsylvania Gov. Josh Shapiro, who formerly served as the state's attorney general. Shapiro is also a surrogate for Vice President Harris' campaign.

“I think this is something that law enforcement should look into,” Shapiro said Sunday on NBC’s “Meet the Press.” “I’m no longer the attorney general of Pennsylvania, I’m the governor, but it raises serious questions.”

Musk announced the $1 million giveaway on Saturday at an event in Harrisburg, Pennsylvania. The event was part of a tour in support of Trump.

“I have a surprise for you,” Musk said just before pulling out a huge check. “We will award $1 million to people who signed the petition every day from now until the election.”

Pennsylvania is a crucial swing state in this election, with both Trump and Harris campaigning hard.

Richard Hasen, an election law professor at UCLA, said that on its face, there is nothing illegal about a petition sweepstakes. But a closer look reveals warning signs.

“If you look at the conditions, you have to be a registered voter,” Hasen said. “So this is essentially a lottery that is only open to people who register to vote. So it's either an incentive for someone to vote or it's a reward. And either way it violates federal law.”

He calls Musk's actions “clearly illegal” because it violates 52 USC 10307(c) and the DOJ election manual.

“When people vote, it should be their free choice and they should not vote for financial incentives that would influence the electorate,” Hasen said of federal voting rights. “It would change the nature of voting if people voted solely for personal financial reasons, rather than deciding whether or not to register to vote, whether or not to vote, and for whom.”

Musk said the goal of the contest was to “maximize awareness of our petition in support of the Constitution.” On Sunday, the billionaire presented a second huge check for $1 million to a petition signer.

The signatories reiterate their support for the First and Second Amendments, particularly freedom of speech and the right to bear arms.

The voter registration deadline in Pennsylvania is Monday.

Musk's America PAC did not immediately respond to NPR when asked about the legality of the giveaways.

Hasen said a willful violation of the law, 52 USC 10307(c), carries a $10,000 fine and up to five years in prison.

“I don’t think it’s likely that he will be fined that severe,” Hasen said of Musk. “But if he was warned that it was an illegal activity and he continued to do it, I think that would create a different situation.”