DOJ warns Elon Musk’s America PAC that $1 million giveaway may break the law

The Department of Justice (DOJ) recently contacted Elon Musk’s America PAC about its historic $1 million giveaway to swing-state voters after the agency was warned by lawyers who claimed that the initiative may be illegal.

On Monday, the DOJ was sent a letter from a “group of attorneys and public officials” requesting an investigation into Ameria PAC’s payments to petition signers. The letter, which was obtained by the Washington Post, was addressed to Attorney General Merrick Garland as well as Michelle Henry, the Pennsylvania attorney general.

“We are a group of attorneys and public officials, including those who have served in senior legal and law-enforcement roles under every Republican president from Richard Nixon to Donald Trump,” the letter reads. “We write to you today to request that you review payments that are being made by the Elon Musk-founded America PAC to voters in Pennsylvania and other states that experts say raise serious questions under applicable law.”

Musk, the CEO of Tesla, is offering $1 million a day to swing-state voters who sign his political action committee’s petition in support of the Constitution. Only voters in swing states are eligible.

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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, Oct. 20, 2024, in Pittsburgh. (Michael Swensen/Getty Images)

“The payments are framed as being made for signing, or referring others to sign, a ‘petition’ in support of the First and Second Amendments. But only registered voters in Pennsylvania, Georgia, Nevada, Arizona, Michigan, Wisconsin, and North Carolina may receive payments,” the lawyers’ letter says.

“We are aware of nothing like this in modern political history… We urge you to investigate whether America PAC’s payments are prohibited payments for voter registration.”

Fox News Digital did an analysis of the initiative and found it to be in a legally gray area, and it also discovered that other similar initiatives in support of Democratic causes exist. 

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Elon Musk speaks as part of a campaign town hall in support of Republican presidential nominee Donald Trump in Folsom, Pa., Oct. 17, 2024. (AP Photo/Matt Rourke)

The giveaway explicitly asks voters to sign a petition rather than register to vote, but the letter sent to the DOJ alleged the petition still encourages registering to vote.

“We recognize that they are framed as payments for signing a petition, or for referring voters who sign,” the lawyers argued. “But many of the payments are restricted to registered voters, so anyone who wishes to get paid must first register.”

The initiative was announced by Musk this week. The PAC plans to give away $1 million to one swing-state voter per day until Election Day.

“Every day, from now through Nov 5, @America PAC will be giving away $1M to someone in swing states who signed our petition to support free speech & the right to bear arms! We want to make sure that everyone in swing states hears about this and I suspect this will ensure they do,” Musk wrote on X on Sunday.

Elon Musk speaks as part of a campaign town hall in support of Republican presidential nominee Donald Trump in Folsom, Pa., Oct. 17, 2024. (AP Photo/Matt Rourke)

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Fox News Digital reached out to America PAC for comment but did not immediately hear back. The DOJ declined to comment.

Fox News Digital’s Emma Colton contributed to this report.