By Daniela L. Ginsburg
Boston University News Service
Elon Musk, billionaire and CEO of Tesla Motors, has come under fire for the legality of his “America PAC,” which he created in support of President-elect Donald Trump.
Political Action Committees, also known as PACs, have a main goal of influencing elections through their donations. However, the committees can’t work directly with the candidates they support.
The main objectives of Musk’s America PAC is to support secure borders, safe cities, free speech, sensible spending, a fair justice system and self-protection, according to his American PAC website.
The page displays a petition in favor of supporting free speech and the right to bear arms, with the incentive of doing so receiving $47 for every voter referred to the petition. It displays the message “Each day, one petition signer from either PA, GA, NV, AZ, MI, WI or NC will earn $1,000,000.”
In swing states, the sweepstake is open to all voters, potentially influencing the voter demographics of those states. However, this leans on the line of legality of federal law as it’s perceived as bribery as his America PAC pushes to pay anyone to register and reward those with payment.
Jeremy R. Paul, a professor of law at Northeastern University, sees Musk’s America PAC serving as an example of a massive loophole within our law system.
“I’m only paying people who are registered to vote because I want my petition to be more convincing, that’s what he says,” Paul said. “What his project has revealed is a giant loophole in our laws.”
Paul said that Musk’s America PAC has both direct and indirect impacts on voters. While he’s not directly paying those to register to vote, he’s indirectly paying those to sign his petition with the requirement of registering.
“He’s paying for them to register to vote because he thinks they’re gonna vote his way,” Paul said.
Under federal law, it’s illegal to pay voters to register and vote. Musk’s PAC technically follows these guidelines since he’s only paying those who sign his petition with the requirement for those to register to vote and send the petition to others.
When discussing the legal aspects of the America PAC, Paul said that this still raises issues as those registering have a monetary incentive to register to vote, a federal violation. If brought to court, his PAC could be seen as an “end a run around a law” as Paul said, or in other words, avoiding regulations.
Paul said: “He’s clearly trying to use his position as a billionaire to have more sway over the outcome of the election than other people who are not billionaires.”
