Elon Musk is promising $1million to someone each day ahead of US election - but is it legal?

The world's richest man Elon Musk has announced he will be giving away $1million every day to a registered voter in key swing states ahead of the US presidential election.

Immediately drawing scrutiny from the Democratic Party and election law experts, critics say this latest stunt by the owner of social media platform X, could violate laws against paying people to register to vote.

The winners of the lottery will be chosen at random from those who sign a pro-US constitution petition being promoted by Musk's campaign group AmericaPAC. The group was set up by the Tesla CEO to back Republican presidential nominee Donald Trump and his bid to return to the Oval Office.

The first winner, John Dreher, was given a giant cheque for $1million or £767,965 at a rally in Pennsylvania on Saturday, after signing the online petition supporting the right to free speech and gun ownership.

Kristine Fishell, the second recipient of the $1 million prize, said on AmericaPAC's X account: "I signed the petition and took the time to vote early and I think everyone should too.

"The petition is fabulous because free speech and the right to bear arms, these are things that we all have to remember as Americans how important they are and not to take them for granted. To bring everyone back to that, signing the petition really cements that."

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Who can enter the lottery?

Only registered voters for Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, or Wisconsin - each of which are key swing states - can sign the petition qualifying them to enter Musk's election lottery.

The petition is also offering $100 (£77) to each Pennsylvanian voter who signs up and another $100 for referring another registered voter in the state to sign it.

Voters in other battleground states are being offered $47 (£36) for a referral.

Is it legal?

Federal law makes it illegal for anyone to "pay or offers to pay or accepts payment either for registration to vote or for voting."

A crime that is punishable by up to five years in prison.

Speaking to ITV News' US partner CNN, election law expert at Notre Dame Law School Derek Muller said: "When you start limiting prizes or giveaways to only registered voters or only people who have voted, that’s where bribery concerns arise."

Offering money to people who are already registered, before the cash prize was announced could also violate federal law. Muller added that offering money to those who aren't yet registered "is far more problematic".

Rick Hasen, a UCLA Law School political science professor said: “If all he was doing was paying people to sign the petition, that might be a waste of money. But there’s nothing illegal about it, the problem is that the only people eligible to participate in this giveaway are the people who are registered to vote. And that makes it illegal.”

Michael Kang, an election law professor at Northwestern University's Pritzker School of Law, said the context of the giveaway so close to election day makes it harder to make the case that the effort is anything but a incentivising people to register to vote.

“It’s not quite the same as paying someone to vote, but you’re getting close enough that we worry about its legality,” Kang said.

Speaking at the first lottery giveaway on Saturday, Musk said: "“One of the challenges we’re having is how do we get people to know about this petition.

“The legacy media won't report on it; not everyone’s on X. So, I figure, how do we get people to know about it? This news, I think, is really gonna fly.”

What is done with the data?

Musk will be hoping that his sweepstake lottery will boost registration among Trump voters.

Speaking to a crowd in Pennsylvania, he said: "This is a one-time ask.

"Just go out there and talk to your friends and family and acquaintances and people you meet in the street and … convince them to vote. Obviously you gotta get registered, make sure they’re registered and … make sure they vote.”

Those who sign up to the petition will have to submit their contact details, potentially giving AmericaPAC an avenue to contact them about their voting intentions come November 5.

What is Trump saying about it?

Trump, who was campaigning on Sunday in Pennsylvania, was asked about Musk's giveaway, and said, “I haven't followed that.” Trump said he “speaks to Elon a lot. He's a friend of mine” and called him great for the country.

Co-ordination between campaigns and super PACs has typically been forbidden. However, a recent opinion by the Federal Election Commissioner, which regulates federal campaigns, permitted candidates and these groups to work together in certain cases, including getting out the vote efforts.

What do the Democrats think about it?

Democratic Governor Josh Shapiro of Pennsylvania, the state's former attorney general, expressed concern about the plan on Sunday.

“I think there are real questions with how he is spending money in this race, how the dark money is flowing, not just into Pennsylvania, but apparently now into the pockets of Pennsylvanians. That is deeply concerning," he said on NBC's “Meet the Press.”

Musk has thus far pumped more than $75 million into his pro-Trump campaign group.

Cori Bush, a Democratic congresswoman followed Shapiro's outrage, posting on X: “Billionaire megadonors and their duplicitous dark money, disinformation-spreading super PACs shouldn’t be allowed to influence votes or elections, full stop.”

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