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Experts divided on legality of Musk's giveaway

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Musk's America PAC seeks to mobilize voters in

battleground

states

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Pennsylvania governor urges probe of Musk's election

promise of

$1 million daily giveaway

By Jack Queen

Oct 21 (Reuters) - Elon Musk's $1 million giveaway for

voters who sign his free-speech and gun-rights petition falls

into a gray area of election law, and legal experts are divided

about whether the billionaire supporter of Donald Trump could be

running afoul of prohibitions on paying people to register to

vote.

The Tesla CEO is promising to give $1 million each day

to a randomly selected person who signs his online petition

pledging to support the First and Second amendments of the U.S.

Constitution, which protect the rights to free speech and gun

ownership. The petition is only open to signatories who are

registered voters in seven swing states likely to decide the

presidential election.

"There is certainly an argument that this falls within the

scope of a federal prohibition on paying a person to vote or

register to vote," said Daniel Weiner of the left-leaning

Brennan Center for Justice. "This is part of a pattern of him

skating up to the edge of election laws that we've seen in the

past several weeks."

Musk's representatives did not immediately respond to

requests for comment.

Four legal experts were divided on whether the giveaway

violates federal laws that make it a crime to pay or offer to

pay a person to register to vote.

Brad Smith, a Capital University Law School professor and

former Federal Election Commission chairman, said Musk is likely

in the clear because signing the petition is sufficiently far

removed from registering to vote.

"The mere fact that there might be an incentive doesn't

arise to a payment for a particular activity," Smith said.

The giveaway could be interpreted as Musk using his wealth to

attempt to influence the tightly contested presidential race

between Trump and his Democratic opponent, Vice President Kamala

Harris.

Musk's America PAC seeks to play a major role in helping

mobilize and register voters in battleground states that could

decide the election.

Terms of the petition state that signers must be registered

voters in Arizona, Georgia, Michigan, Nevada, North Carolina,

Pennsylvania or Wisconsin - all states that are likely to decide

the election.

Pennsylvania's Democratic governor, Josh Shapiro, said on

Sunday that the giveaway was "deeply concerning" and called on

law enforcement to investigate.

While Musk's promotion does not directly induce people to

register, its timing and focus on battleground states indicate

the petition component is merely a pretext, according to Richard

Hasen, a law professor at the University of California, Los

Angeles, who said the sweepstakes is therefore illegal.

"I think signing the petition is irrelevant to the legal

question because you must be a registered voter. It doesn't

matter if you add other conditions," Hasen said, adding that the

U.S. Department of Justice election crimes manual specifically

cites lottery chances as potentially illegal payments.

Adav Noti of the nonpartisan Campaign Legal Center agreed,

saying it is illegal to give out money on the condition that

people are registered to vote.

Weiner of the Brennan Center said the promotion is legally

"fishy" but falls into a gray area. The question boils down to

whether signing the petition is merely a pretext for getting

people to register to vote, he said.

But Smith of Capital University said Musk has other

plausible reasons for wanting people to sign the petition,

including gathering names of likely voters who support his

causes.

Musk, ranked by Forbes as the world's richest person, has so

far given at least $75 million to America PAC, according to

federal disclosures, making the group a crucial part of Trump's

bid to regain the White House.

The entrepreneur has increasingly supported Republican causes

and this year became an outspoken Trump supporter.

Trump in turn has said that if elected, he would appoint Musk to

head a government efficiency commission.

Asked by reporters about Musk's giveaway on Sunday, Trump

said, "I haven't followed that."