- Title: 'Hard to prosecute Musk' for pushing the envelope of election law, expert says
- Date: 21st October 2024
- Summary: GALENA, OHIO, UNITED STATES (OCTOBER 21, 2024) (REUTERS) (SOUNDBITE) (English) BRAD SMITH, CAMPAIGN AND ELECTION LAW PROFESSOR AT CAPITAL UNIVERSITY LAW SCHOOL, SAYING: “It's probably true to say that Musk is in an area that might be considered a gray area, that might be pushing the envelope a bit. The theory would have to go like this, however: Musk has made an offer to people to sign a petition, and he wants you to be registered voter to do it. I've given us some reasons why it might be important to him to have them be registered voters. And the argument would then be that, however, that no, he's really trying to sign up new voters. He's really paying you to register. I think that argument has a couple of weaknesses to it. One, once again, there are a number of reasons why he might want registered voters on a petition and not unregistered voters. Secondly, the vast majority of Pennsylvanians are already registered to vote upwards of 80%. And there's nothing that prohibits any of those people from taking advantage of this. I've read the petition and the language that goes with the offer, and so on. And from all I can tell, if you're a registered voter in Pennsylvania if you've been registered there for 30 years, you can go get $100 from Elon Musk by signing this petition. So when we think about it that way, it really does look like a petition or an offer if you sign the petition. Now, he has, again, you know, drawn who he wants to sign it. And that may give some people who are not registered an incentive to go register. But that's not what he's paying for. BUTLER, PENNSYLVANIA, UNITED STATES (OCTOBER 5, 2024) (REUTERS) ELON MUSK HUGGING TRUMP AND APPROACHING LECTERN GALENA, OHIO, UNITED STATES (OCTOBER 21, 2024) (REUTERS) . (SOUNDBITE) (English) BRAD SMITH, CAMPAIGN AND ELECTION LAW PROFESSOR AT CAPITAL UNIVERSITY LAW SCHOOL, SAYING: “He might want the list because he might want it for future campaigns. Maybe he wants to run for president in four years. I don't know. A good list to get, right? Or, similarly and perhaps more realistically, it's a great list if you now, after you have the list, you now go out and try to turn these people out to vote. In other words, this voter turnout list is what you've got a group of people who are interested in the First Amendment interest in the Second Amendment, pay attention to what Elon Musk is saying and doing on social media. And now you've got a great way for Elon Musk to contact them through phone banks or whatever else and try to boost turnout in the election.” FOLSOM, PENNSYLVANIA, UNITED STATES (OCTOBER 17, 2024) (REUTERS) ELON MUSK WALKING OUT ON STAGE TO GREET TRUMP SUPPORTERS MUSK PUTTING ON YELLOW CAP GALENA, OHIO, UNITED STATES (OCTOBER 21, 2024) (REUTERS) (SOUNDBITE) (English) BRAD SMITH, CAMPAIGN AND ELECTION LAW PROFESSOR AT CAPITAL UNIVERSITY LAW SCHOOL, SAYING: “And the fact that you can plan your activity in such a way that you think it will help your political goals doesn't convert it into partisan illegal activity as long as you're willing to register all comers, everybody who comes along. And I think this is kind of similar to that. He's willing to pay any registered voter. Most Pennsylvanians are registered. It's a very inefficient way to register new voters, which suggests that maybe that's not his his primary intent or maybe not an intent at all. So I think in the end, although I can see the theory that one would use to argue that this violates the law, I think the better catch is that it does not. I think a prosecutor would look at this and say, I would have a very, very difficult time showing intent. I may not be able to show it at all. It may not even be there.” FOLSOM, PENNSYLVANIA, UNITED STATES (OCTOBER 17, 2024) (REUTERS) MUSK ON STAGE TAKING QUESTION GALENA, OHIO, UNITED STATES (OCTOBER 21, 2024) (REUTERS) . (SOUNDBITE) (English) BRAD SMITH, CAMPAIGN AND ELECTION LAW PROFESSOR AT CAPITAL UNIVERSITY LAW SCHOOL, SAYING: “Well, all of the polls obviously are very, very close. So anything people say, "Well, it might help a little at the margin." Well, maybe this year, a little at the margin is all you need. Again, I think if it helps, though, the real help probably is going to come in again in that Musk has gathered or is gathering a large list of registered voters who are interested in gun issues and free speech and in listening to Elon Musk. And that's people you can then turn out to vote on Election Day. And it's perfectly legal to try to turn out registered voters on Election Day.” BUTLER, PENNSYLVANIA, UNITED STATES (OCTOBER 5, 2024) (REUTERS) MUSK ON STAGE SHAKING HANDS WITH TRUMP GALENA, OHIO, UNITED STATES (OCTOBER 21, 2024) (REUTERS) (SOUNDBITE) (English) BRAD SMITH, CAMPAIGN AND ELECTION LAW PROFESSOR AT CAPITAL UNIVERSITY LAW SCHOOL, SAYING: “I'm kind of surprised that Democrats seem to be complaining a lot about this instead of telling all their people, go out and get Trump or Musk money, go get Musk money, and you could do that. So again, you know, it is something that may, at the margin, encourage a few people to register who would not otherwise register. They're probably more likely to be people who, if they then follow up and go vote, would vote for Trump. But I don't think any of that converts this into an illegal payment for registering. In the end, though, this isn't something we've seen before. And if you find some aggressive, ambitious prosecutor, thinks he can make a name for himself, I guess we will find out. But I feel pretty confident that it would be very tough case to win and make stick.” FOLSOM, PENNSYLVANIA, UNITED STATES (OCTOBER 17, 2024) (REUTERS) MUSK LEAVING CAMPAIGN STAGE
- Embargoed: 4th November 2024 23:57
- Keywords: CAMPAIGN ELON MUSK FIRST AMENDMENT PRESIDENTIAL ELECTION SECOND AMENDMENT US ELECTION
- Location: GALENA, OHIO, UNITED STATES/ INTERNET/ BUTLER AND FOLSOM, PENNSYLVANIA, UNITED STATES
- City: GALENA, OHIO, UNITED STATES/ INTERNET/ BUTLER AND FOLSOM, PENNSYLVANIA, UNITED STATES
- Country: US
- Topics: North America,Government/Politics,Elections/Voting
- Reuters ID: LVA002365221102024RP1
- Aspect Ratio: 16:9
- Story Text: Tesla CEO Elon Musk is promising to give $1 million each day to a randomly selected person who signs his online petition pledging to support the First and Second Amendments of the U.S. Constitution, which protect the rights to free speech and gun ownership.
“It's a very inefficient way to register new voters, which suggests that maybe that's not his primary intent or maybe not an intent at all,” Brad Smith, a Capital University Law School professor and former Federal Election Commission chairman, told Reuters on Monday (October 21).
"Although I can see the theory that one would use to argue that this violates the law, I think the better catch is that it does not.”
Smith added Musk is likely in the clear because signing the petition is sufficiently far removed from registering to vote.
“I don't think any of that converts this into an illegal payment for registering. This isn't something we've seen before. I feel pretty confident that it would be a very tough case to win and make stick,” he said.
The giveaway could be interpreted as Musk using his wealth to attempt to influence the tightly contested presidential race between Trump and his Democratic opponent, Vice President Kamala Harris.
Musk's America PAC seeks to play a major role in helping mobilize and register voters in battleground states that could decide the election.
Terms of the petition state that signers must be registered voters in Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania or Wisconsin - all states that are likely to decide the election.
But Smith said that Musk has other plausible reasons for wanting people to sign the petition, including gathering names of likely voters who support his causes.
The entrepreneur has increasingly supported Republican causes and this year became an outspoken Trump supporter.
Trump in turn has said that if elected, he would appoint Musk to head a government efficiency commission.
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