Elon Musk faces calls for investigation from Republican DOJ veterans

A group of Republican lawyers and officials is pushing for a federal investigation into Elon Musk's America PAC for allegedly violating election laws by offering registered voters in swing states payments to sign a petition.

In a letter sent to Attorney General Merrick Garland and Pennsylvania Attorney General Michelle Henry, former Justice Department officials argue that Musk's initiative to pay voters in swing states money to sign a petition supporting the First and Second Amendments constitutes illegal activity under federal law could ban payments requiring individuals to register to vote.

In the letter received from The Washington Post Dated October 21, 2024, the group stated, “We are unaware of anything comparable in modern political history.” The letter emphasizes that federal law, specifically 52 USC § 10307(c), imposes penalties of up to five years in prison for anyone who “knowingly or intentionally pays or offers to register as a voter.”

“We urge you to investigate whether America PAC’s payments constitute prohibited voter registration payments,” the letter said.

“We are clear that these are payments for signing a petition or for recommending voters to sign. However, many of the payments are limited to registered voters, so anyone who wants to be paid must first register,” it continued.

Newsweek Musk contacted Musk for comment through the X (formerly Twitter) press office and the attorney general through the DOJ website.

What is the America PAC petition?

Elon Musk's pro-Trump political action group America PAC has promoted a petition pledging support for the First and Second Amendments. The initiative is aimed exclusively at registered voters in seven swing states: Pennsylvania, Georgia, Nevada, Arizona, Michigan, Wisconsin and North Carolina.

Participants are offered $100 to sign the petition and an additional $100 for each registered voter they refer. The PAC has announced a daily drawing of $1 million for petition signers from October 19 through Election Day.

On Monday, Musk announced

“Investigate Elon Musk’s America PAC”

The letter addressed to Merrick Garland also noted that petitions are created to show how many people support a particular cause. But the America PAC petition appears to be different; It makes people sign a “meaningless” statement saying they support the First and Second Amendments.

“And crucially, America PAC has not released the names or number of signatories to the petition – so the petition provides no evidence of public support for even this statement,” the letter continues.

The initiative has raised alarm among legal experts and former officials.

Paul Schiff Berman, Walter S. Cox Professor of Law at George Washington University, recounted Newsweek: “I believe Musk's offer is probably illegal. According to 52 USC 10307(c): “Whoever knowingly or willfully… pays, offers to pay or accepts payment to register to vote or to vote shall be liable to a fine not exceeding $10,000.” Imprisonment not exceeding five years or both. “His offer is only open to registered voters, so I think his offer runs counter to that provision.”

Richard Hasen, a professor at the UCLA School of Law, called Musk's actions “clearly illegal” on his Election Law Blog. He pointed out that the Justice Department's election crimes manual lists lottery opportunities as items of value that cannot be offered to encourage electoral activity.

The letter to Attorney General Garland was signed by eleven former Republican officials, including Donald Ayer, Deputy Attorney General under President George H. W. Bush (1989-1990), Phillip Lacovara, Counsel to the Special Prosecutor, Office of the Watergate Special Prosecutor (1973-1974). and John McKay, U.S. Attorney for the Western District of Washington under President George W. Bush (2001-2007).

The letter notes the urgency of the matter with the presidential election in two weeks: “Law enforcement agencies are appropriately cautious about taking actions close to elections that could impact people's voting behavior. However, serious questions arise due to laws that directly regulate this. “The voting process must be an exception.”

Accordingly The Washington Post, The Justice Department confirmed receipt of the letter but did not comment on whether an investigation would be launched.