WASHINGTON, D.C. – U.S. Senator Peter Welch (D-Vt.), and U.S. Senator Richard Blumenthal (D-Conn.), members of the Senate Judiciary Committee, today wrote to U.S. Attorney General Merrick Garland asking the Department of Justice to investigate whether Elon Musk, through his political action committee America PAC, has violated federal campaign finance law by providing cash rewards to individuals in seven swing states if they sign a petition that requires them to be registered to vote.  

Section 10307(c) of Title 52 of the U.S. Code states it is illegal if an individual “pays or offers to pay or accepts payment either for registration to vote or for voting.” Earlier this week, CNN reported the Department had warned Musk and his super PAC that his actions may be in violation of the law. 

“Musk’s reward scheme appears to violate federal campaign finance law. It is explicitly designed to induce people to register to vote. Moreover, the Department of Justice’s own Election Crimes Manual states that a violation of federal campaign finance laws can occur when ‘cash’ or ‘lottery chances’ are ‘intended to induce or reward the voter for engaging in one or more acts necessary to cast a ballot,’” the lawmakers write.  

“There is no place for vote buying in our democracy. As the Department has recognized, voting should never ‘degenerate into a spending contest, with the victor being the candidate who can pay the most voters’…” the lawmakers conclude.“…Permitting this scheme to proceed without consequences makes a mockery of democracy and the law. We urge you to investigate whether Elon Musk’s cash prizes are prohibited payments for voter registration and take appropriate enforcement action, including prosecution, if his actions prove to be illegal.” 

Read the letter below and download it here: 

Dear Attorney General Garland,

As you know, Elon Musk has been providing cash rewards to voters in seven states if they sign a petition related to his political action committee—America PAC. Individuals must be a registered voter, or register to vote, to qualify for his financial giveaways, which include payments of $47, $100, and a $1 million daily lottery. Campaign finance law states it is illegal if anyone “pays or offers to pay…either for registration to vote or for voting.” 

Musk’s reward scheme appears to violate federal campaign finance law. It is explicitly designed to induce people to register to vote. Moreover, the Department of Justice’s own Election Crimes Manual states that a violation of federal campaign finance laws can occur when “cash” or “lottery chances” are “intended to induce or reward the voter for engaging in one or more acts necessary to cast a ballot.” 

There is no place for vote buying in our democracy. As the Department has recognized, voting should never “degenerate into a spending contest, with the victor being the candidate who can pay the most voters.” According to public reports, the Department warned America PAC this week that the petition lottery may be in violation of federal law. If so, permitting this scheme to proceed without consequences makes a mockery of democracy and the law. We urge you to investigate whether Elon Musk’s cash prizes are prohibited payments for voter registration and take appropriate enforcement action, including prosecution, if his actions prove to be illegal. 

Sincerely, 

Senator Peter Welch 

Senator Richard Blumenthal 

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