Is Musk's 1 month per day cash donation to US voters legal?

Questions have been raised about the legality of cash incentives being offered by tech billionaire Elon Musk to swing state voters who sign his petition ahead of the November 5 US election.

The petition was launched by Musk's campaign group America PAC, which was founded to support Donald Trump in the presidential election.

Pennsylvania voters are being offered cash amounts just for signing the petition. And one randomly selected swing state signee per day will receive a million dollar prize.

But legal experts have suggested that offering money for a measure that requires a person to register as a voter could violate American law. BBC News has contacted Mr Musk's team and America PAC for comment.

The petition, created by America PAC, encourages voters in six swing states – Georgia, Nevada, Arizona, Michigan, Wisconsin and North Carolina – to sign a “Petition for Free Speech and the Right to Bear Arms.”

Those who recommend another voter to sign up will be promised a sum of $47 (£36) each.

Higher sums of $100 for signing or endorsements are being offered in Pennsylvania, the battleground state that both the Trump and Harris campaigns believe could potentially decide the race's ultimate winner.

America PAC says those who sign the petition are signaling their support for the First and Second Amendments of the U.S. Constitution.

A $1 million prize will be randomly awarded each day until Election Day on November 5 to each signatory in one of the seven swing states.

The first lottery-style jumbo check was presented to a surprised attendee at a civic event in Pennsylvania on October 19th.

“I think (Elon) Musk’s offer is probably illegal,” said Paul Schiff Berman, Walter S. Cox Professor of Law at George Washington University.

He pointed to U.S. election law, which says anyone who “pays, offers to pay, or accepts payment to register to vote or to vote” is subject to a $10,000 fine or five years in prison must calculate.

“His offer is only open to registered voters, so I think his offer conflicts with that provision,” Berman told the BBC.

The Justice Department declined to comment. The Federal Election Commission (FEC) has been contacted for comment.

The strategy could be covered by a loophole because no one is being paid directly to register or vote, a former FEC chairman suggested.

Brad Smith told the New York Times that the giveaways were “something of a gray area” but “not that close to the limit.”

“He doesn’t pay them to register to vote. He pays them to sign a petition – and he wants only registered voters to sign the petition. So I think he’s doing well here,” he said.

But an election law professor at Northwestern University told the Associated Press that context matters.

“It's not quite the same as paying someone to vote, but you're getting so close (to Election Day) that we're concerned about the legality of it,” Michael Kang said.

Adav Noti of the nonpartisan Campaign Legal Center said Mr. Musk's plan “violates federal law and is subject to civil or criminal enforcement by the Justice Department.”

“It is illegal to distribute money on the condition that recipients register as voters,” Noti told the BBC.

Pennsylvania Gov. Josh Shapiro, a Democrat, called the move “deeply troubling” and called on law enforcement to investigate.

In response, Mr. Musk said it was “concerning that he would say something like that.”

Billionaire investor Mark Cuban, who has been campaigning for Kamala Harris in recent weeks, said the offer was both “innovative and desperate.”

“You only do it because you think you have to, but using a competition isn't a bad idea. Whether it works or not is a completely different matter. It might as well backfire,” he told CNBC.

The world's richest man had an uneven relationship with Trump when Trump was president, but Mr. Musk has increasingly expressed his displeasure with Democrats in recent years.

He announced his departure from the party before the 2022 midterm elections and encouraged his supporters to vote Republican.

This year, he became involved in American politics like never before, donating on behalf of several Republicans and making supportive social media posts.

In comments last week, he described much of the U.S.-Mexico border as synonymous with the movie “World War Z.”

Mr. Musk founded America PAC in July with the aim of supporting Trump's 2024 presidential campaign. To date, he has donated at least $75 million 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.”

Trump said on Sunday that he had not followed Mr. Musk's giveaways but described him as a friend.

In recent weeks, Mr. Musk made his first appearances on the campaign trail, first alongside Trump and more recently in town hall appearances himself.