Musk is giving some US voters $1m. Is it legal?

Questions person been raised astir the legality of currency incentives offered by tech billionaire Elon Musk to swing-state voters who motion his petition earlier the US predetermination connected 5 November.

The petition was created by Mr Musk’s run radical America PAC, which was acceptable up to enactment Donald Trump successful the statesmanlike contest.

Voters successful Pennsylvania are being offered currency sums for simply signing the petition. And 1 random swing-state signatory a time is being fixed a million-dollar prize.

But ineligible experts person suggested that it whitethorn interruption American instrumentality to connection wealth for an enactment requiring idiosyncratic to beryllium signed up arsenic a voter. BBC News has contacted Mr Musk's squad and America PAC for comment.

The petition created by America PAC encourages voters successful six plaything states - Georgia, Nevada, Arizona, Michigan, Wisconsin and North Carolina - to motion a "petition successful favour of escaped code and the close to carnivore arms".

Those who notation different elector who signs up are promised a sum of $47 (£36) each.

Higher sums of $100 for signing oregon referring are offered successful Pennsylvania, the battleground authorities that some the Trump and Harris campaigns judge could perchance determine the race's eventual victor.

America PAC says those who motion the petition are signalling their enactment for the First and Second Amendments of the US Constitution.

Each time until polling time connected 5 November, a $1m prize volition beryllium randomly awarded to immoderate signatory successful 1 of the 7 plaything states.

The archetypal lottery-style jumbo cheque was handed retired to a amazed attendee astatine a municipality hallway lawsuit successful Pennsylvania connected 19 October.

"I judge [Elon] Musk's connection is apt illegal," said Paul Schiff Berman, the Walter S. Cox Professor of Law astatine the George Washington University.

He pointed to the US Code of electoral law, which states that anyone who "pays oregon offers to wage oregon accepts outgo either for registration to ballot oregon for voting" faces a imaginable $10,000 good oregon a five-year situation sentence.

"His connection is lone unfastened to registered voters, truthful I deliberation his connection runs afoul of this provision," Mr Berman told the BBC.

The justness section declined to comment. The Federal Election Commission (FEC) has been approached for comment.

The strategy whitethorn beryllium covered by a loophole, due to the fact that no-one is being straight paid to registry oregon vote, a erstwhile president of the FEC suggested.

Brad Smith told the New York Times the giveaway was “something of a grey area” but “not that adjacent to the line.”

“He’s not paying them to registry to vote. He’s paying them to motion a petition - and helium wants lone radical who are registered to ballot to motion the petition. So I deliberation helium comes retired OK here,” helium said.

But an predetermination instrumentality prof astatine Northwestern University told the Associated Press that the discourse was important.

“It’s not rather the aforesaid arsenic paying idiosyncratic to vote, but you’re getting adjacent capable (to polling day) that we interest astir its legality,” Michael Kang said.

Adav Noti of the non-partisan Campaign Legal Center said Mr Musk's strategy "violates national instrumentality and is taxable to civilian oregon transgression enforcement by the Department of Justice".

"It is amerciable to springiness retired wealth connected the information that recipients registry arsenic voters," Mr Noti told the BBC.

Pennsylvania Governor Josh Shapiro, a Democrat, described the determination arsenic "deeply concerning" and called for instrumentality enforcement agencies to investigate.

In response, Mr Musk said it was "concerning that helium would accidental specified a thing".

Billionaire capitalist Mark Cuban, who has campaigned successful caller weeks for Kamala Harris, said the connection was some "innovative and desperate".

"You lone bash that due to the fact that you deliberation you person to, but utilizing a sweepstake is not a atrocious idea. Whether oregon not it volition enactment is different full thing. It could conscionable arsenic easy backfire," helium told CNBC.

The world's richest antheral had an uneven narration with Trump erstwhile Trump was president, but Mr Musk has progressively voiced his displeasure with Democrats successful caller years.

Ahead of the 2022 midterm elections, helium announced that helium had near the enactment and encouraged his followers to ballot Republican.

This year, helium has progressive himself successful American authorities similar ne'er before, making donations and supportive societal media posts connected behalf of respective Republicans.

In comments past week, helium described overmuch of the US-Mexico borderline arsenic tantamount to the movie World War Z.

Mr Musk launched America PAC successful July with the purpose of supporting Trump's 2024 run for president. He has truthful acold donated astatine slightest $75m to the group.

America PAC's website says it wants "secure borders", "safe cities", "free speech", "sensible spending", a "fair justness system" and "self-protection".

Trump said connected Sunday that helium had not followed Mr Musk's giveaway, but described him arsenic a friend.

In caller weeks, Mr Musk has appeared connected the run way for the archetypal time, archetypal by Trump's broadside and much precocious successful municipality hallway appearances by himself.