Will the Biden administration prosecute Elon Musk over his $1 million lottery? | News about the 2024 US election

Social media exploded this week with news that billionaire entrepreneur Elon Musk will host a $1 million daily lottery for registered voters in battleground states who sign his petition supporting free speech and the Second Amendment.

Musk fans were thrilled. Critics said the donation could be illegal.

To qualify for the lottery, petition signers must be registered in Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania or Wisconsin, the seven states widely considered battlegrounds for the 2024 presidential election. Musk’s America PAC (political action committee) said it had already distributed the first two $1 million checks to Republican voters who had already cast their ballots by mail, media reported.

“I think law enforcement might look at this,” Pennsylvania Democratic Gov. Josh Shapiro said Oct. 20 on NBC’s “Meet the Press.”

Some election law experts, including Richard Hasen of the University of California, Los Angeles, said Musk’s move could violate 52 USC 10307(c), a federal law that says anyone “pays, offers to register, or accepts payment to register.” “. Whoever casts his vote or votes for it shall be punished by a fine not exceeding $10,000 or by imprisonment not exceeding five years, or by both.”

The Campaign Legal Center, a nonpartisan group that advocates for voting rights and campaign finance controls, released a statement saying: “It is illegal to buy votes, it is illegal to buy voter registration, and the Justice Department has the power to enforce these important laws through civil or criminal action.”

Although the Justice Department has the authority to initiate criminal proceedings, legal experts believe it is highly unlikely that Musk will be prosecuted, and certainly not before Election Day 2024.

Enforcement of the law could fall to either the Federal Election Commission or the Justice Department.

The FEC “can consider whether a civil or criminal violation occurred,” said Jerry H. Goldfeder, senior counsel at the law firm Cozen O’Connor. “A matter like this typically takes months and months, starting with an internal decision to open the matter and then when Musk is given the opportunity to respond.”

And that’s a best-case scenario for timing. In reality, the FEC’s enforcement has been hampered for years because its membership is divided between different political parties, making it difficult to reach the majority needed for enforcement.

The Justice Department could act before waiting for an FEC referral, but that also presents challenges for law enforcement, experts say. Deciding whether to pursue a prosecution through the Justice Department is a slow process, Goldfeder said.

And Musk’s case would be unusual without a track record of similar prosecutions or a guide to conducting them.

“History suggests that a case like this would have a low probability of prosecution,” said Stanley Brand, a longtime political case lawyer in Washington, D.C., who is currently a distinguished fellow at Penn State Law.

“The significant resources required to initiate such cases and their minimal deterrent effect have often deterred those affected [Justice] Deter department from using them,” Brand said.

Citing the resistance that special counsel Jack Smith faced in trying to quickly bring cases against former President Donald Trump to trial, Brand said he doubted that prosecuting Musk would “provide much in return for engagement.” would”.

Ultimately, a criminal prosecution of Musk would only be possible if Kamala Harris wins the presidential election and the attorney general she appointed decides to pursue the matter. If Trump wins, he would almost certainly appoint someone who won’t go against one of his closest allies.