Elon Musk Faces Investigation Calls from Republican DOJ Veterans

 

A coalition of Republican lawyers and officials is calling for federal investigations into Elon Musk's America PAC over allegations of election law violations involving payments to registered voters in key swing states for signing 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, which offers financial incentives to voters in swing states who sign a petition endorsing the First and Second Amendments, may violate federal laws prohibiting payments for voter registration.

The letter, obtained by The Washington Post on October 21, 2024, states, "We are aware of nothing like this in modern political history." It highlights that federal law, specifically 52 U.S.C. § 10307(c), imposes penalties of up to five years in prison for anyone who "knowingly or willfully... pays or offers to pay... for registration to vote."

The letter urges an investigation into whether America PAC's payments constitute illegal voter registration incentives, noting that while the payments are framed as compensation for signing a petition, many are restricted to registered voters. This means individuals must register before they can receive payment.

Newsweek reached out to Musk through the X (formerly Twitter) press office for comment, as well as to the Attorney General via the DOJ website.

Overview of the America PAC Petition:

Elon Musk's pro-Trump political action committee, America PAC, has been promoting a petition that supports the First and Second Amendments, targeting registered voters in seven pivotal states: Pennsylvania, Georgia, Nevada, Arizona, Michigan, Wisconsin, and North Carolina.

Participants are offered $100 for signing the petition, plus an additional $100 for each registered voter they refer. The PAC has also announced a daily $1 million giveaway for petition signers from October 19 until Election Day.

On Monday, Musk took to X to highlight the success of his initiative: "New Republican voter registration last week in Pennsylvania absolutely crushed Democrat voter registration! 27.7k Rep vs 12.7k Dem, a 3X difference."

Urging an Investigation of Musk's America PAC:

The letter to Attorney General Garland emphasizes that petitions typically gauge public support for specific causes. However, the America PAC petition appears different; it solicits signatures for a vague statement affirming support for the First and Second Amendments.

"Moreover, America PAC has not disclosed the names or numbers of petition signers—rendering the petition ineffective as a demonstration of public support for that statement," the letter notes.

Legal experts and former officials have raised concerns about the initiative. Paul Schiff Berman, Walter S. Cox Professor of Law at The George Washington University, stated in an interview with Newsweek, "I believe Musk's offer is likely illegal. Under 52 U.S.C. 10307(c): 'Whoever knowingly or willfully... pays or offers to pay or accepts payment either for registration to vote or for voting shall be fined not more than $10,000 or imprisoned not more than five years, or both.' Since his offer is exclusively for registered voters, it appears to violate this provision."

Richard Hasen, a UCLA School of Law professor, described Musk's actions as "clearly illegal" on his Election Law Blog, noting that the DOJ's election crimes manual categorizes lottery opportunities as items of value that cannot be offered to encourage voting activities.

The letter to Attorney General Garland was signed by 11 former Republican officials, including Donald Ayer, who served as Deputy Attorney General under President George H.W. Bush, Phillip Lacovara, Counsel to the Special Prosecutor during the Watergate scandal, and John McKay, U.S. Attorney for the Western District of Washington under President George W. Bush.

Highlighting the urgency of the matter with the presidential election just two weeks away, the letter states, "Law enforcement agencies are appropriately reluctant to take action shortly before elections that could affect how people vote. However, serious questions arising under laws that directly regulate the voting process must be an exception."

The Department of Justice has confirmed receipt of the letter but has not commented on whether an investigation will be initiated, according to The Washington Post.