Musk's super PAC defies DOJ warning, announces $1M giveaway winners
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SpaceX and Tesla founder Elon Musk awarded Kristine Fishell with a $1 million check during the town hall at the Roxain Theater on Oct. 20 in Pittsburgh, Pennsylvania. Photo: Michael Swensen/Getty Images
Elon Musk's super PAC announced two lottery winners Thursday in its daily $1 million giveaway, defying a warning from the Justice Department.
Why it matters: The winners of the $1 million prizes are the first to be announced since news broke that the DOJ had sent a letter notifying America PAC, Musk's pro-Trump group, that its lottery could violate federal law against paying people to register to vote, per multiple outlets.
- The SpaceX CEO had pledged to give away $1 million every day to registered voters in swing states who sign the super PAC's petition in favor of the First and Second Amendments.
- Musk endorsed Trump after his first assassination attempt, and Trump has dangled the possibility of Musk heading a government committee to slash regulations if reelected.
Driving the news: Musk took to X Thursday to congratulate both winners, one of whom hailed from Wisconsin and the other from Michigan.
- No winners were announced Wednesday, though Musk did not offer an explanation as to why.
The big picture: Up until Wednesday, when news broke that the DOJ had alerted the super PAC, there had been a publicly announced giveaway every day since Saturday: three to Pennsylvania voters and one to a North Carolina voter.
- Musk defended the incentive on X in response to a critical post from author Stephen King, who accused the tech mogul of "paying to register Republicans.
- "All you need to do is sign the ... petition in support of the Constitutional rights to free speech & bear arms to have a daily chance of winning $1,000,000!" Musk wrote. "You can be from any or no political party and you don't even have to vote."
- The SpaceX CEO also shot back at Pennsylvania Gov. Josh Shapiro, a Democrat, who called Musk's pledge "deeply concerning" Sunday. Musk wrote on X that it is "Concerning that he [Shapiro] would say such a thing."
Zoom out: It is illegal to pay people to register to vote under federal law.
- Violators can face a fine of $10,000 or five years in prison or both.
- Experts have described Musk's sweepstakes as falling into a legal gray area.
- Some say the giveaway is OK because Musk isn't paying people to register to vote but rather to sign a petition, even if it is only open to registered voters. However, others, like UCLA law professor Rick Hasen, see it as "clearly illegal."
The intrigue: As highlighted by CNN, the super PAC has also reframed its messaging regarding the giveaways, explaining in a Sunday post that "Every day until Election Day, a registered swing state voter who signs the petition will be selected to earn $1M as a spokesperson for America PAC."
- Testimonials from winners followed.
State of play: Musk, the world's richest man, has funneled millions into Trump's campaign, becoming one of the GOP's newest megadonors.
- He gave $75 million in three months to his pro-Trump PAC and has become an increasingly influential voice in the Republican party — both on social media and on the campaign trail.
Go deeper: Tesla investors worry about Musk's political activity
Editor's note: This story was updated with new developments.
