Demand the Justice Department Investigate and Prosecute Elon Musk's Potentially Illegal Trump Events Now!
If we ever needed more evidence that the extreme wealth of billionaires creates a massive distortion in democratic processes, Elon Musk’s actions in the final weeks of this campaign have removed any doubt. Musk has privately donated at least $75 million to the Trump campaign through his America PAC. But that’s not all.
Now Musk is holding a series of rallies of his own, and has promised to give away $1 million a day to 16 randomly selected attendees who have signed his petition in support of the First and Second Amendments, and who have registered and voted in Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania or Wisconsin.
There’s just one problem with this brilliant scheme to use his unprecedented wealth to buy Trump swing-state voters for this election: It is almost certainly illegal.
Musk has already given away his first $1 million check, and in response, Pennsylvania’s former attorney general and current governor Josh Shapiro told “Meet the Press” that Musk’s one-man voter lottery is “deeply concerning.” He called on law enforcement to “take a look” at its legality.
The problem, as first noted by UCLA law professor Rick Hansen, is that federal law prohibits making or offering to make "an expenditure to any person, either to vote or withhold his vote, or to vote for or against any candidate" -- an offense punishable by a fine or up to a year in prison.
As UCLA legal expert Hansen notes, for Musk’s actions to be illegal, it’s not necessary for him to require that a person vote for or against a particular candidate. Any offering of something of value as an inducement to vote or to not vote is enough. In addition to the $1 million per day giveaways, Musk is also offering $100 directly to every Pennsylvania voter who signs his petition, and another $100 to anyone who refers a voter registered in Pennsylvania to sign.
Musk’s goal of obtaining one million signatures is a scheme to collect contact information and demographic data on likely Trump voters in order to get out the vote on or before Election Day. This appears to be legal, but offering the free rally as a reward might not be.
Musk’s outrageous use of his billions to try to buy millions of votes is yet one more example of how our democracy is drowning under the “money is speech” doctrine of the Supreme Court’s Citizens’ United decision. It’s crucial that Congress pass the Billionaire Minimum Income Tax or similar legislation and make the ultra-rich start paying their fair share of taxes to curb their excessive and anti-democratic concentrations of political power.
The New York Times reports that in response to pressure, the DOJ has sent a letter warning Musk’s super PAC to stop, but that’s not good enough. The Justice Department should force Musk to cease and desist immediately while opening an investigation with the intention to prosecute. It’s not just the rule of law on the line, our entire democracy is at stake.
The law against buying votes is clear, but whether anyone is going to enforce it is another question. This is why the Justice Department needs to hear from us!
Demand the Justice Department investigate Elon Musk’s potentially illegal Trump campaign events and prosecute any violations to the fullest extent of the law now.