BY MATT BERG
& CROOKED MEDIA

MONDAY
OCTOBER 21, 2024

So anyway, you're welcome.” 

 — Elon Musk, awarding a $1 million check to a swing state voter.

QUID PRO BRO

Elon Musk’s $1 million daily giveaway to swing state voters is raising serious legal questions: The move “seems to collide with federal election law,” Rep. Jamie Raskin, the top Democrat on the House Oversight committee, exclusively told What A Day.

- Billionaire conspiracy theorist Elon Musk spent the weekend handing out oversized, golf tournament-style $1 million checks to dazzled voters while barnstorming for former President Donald Trump in Pennsylvania. It all started on Saturday, when Musk called a sweepstakes winner in a MAGA hat up to the stage and made him one million dollars richer, with the words: “So anyway, you’re welcome.” Musk’s America PAC plans to continue handing out $1 million every day until Election Day to one registered voter in a swing state, selected from those who sign the group’s petition in support of the First and Second Amendments (which concern free speech and access to guns, respectively). “I think this is kind of fun, and you know, it seems like a good use of money basically,” said Musk, the world’s richest man with a net worth [above $240 billion]([link removed]).  

- Some election lawyers beg to differ. [Federal law]([link removed](title:52%20section:10307%20edition:prelim)) prohibits paying or offering to pay “for registration to vote or for voting.” That includes so-called “lottery chances” aimed at inducing or rewarding a certain behavior, such as voter registration, according to UCLA election law expert Rick Hasen, who published a blog post over the weekend calling the sweepstakes [“clearly illegal vote buying.”]([link removed]) Gov. Josh Shapiro (D-PA), who happens to be the former Attorney General of Pennsylvania, [called for law enforcement]([link removed]) to “take a look.”
 

- Rep. Jamie Raskin (D-MD), a longtime constitutional scholar and a legal heavyweight in Congress, slammed the giveaway in a phone call with What A Day this afternoon. “It definitely seems to collide with federal election law, which makes it a crime to pay people to register to vote,” Raskin said. “You can't pay people to register, and the problem with that is perfectly demonstrated by this episode — because he is offering a financial inducement to people to register to vote from the perspective of a particular candidate in campaigning.” Musk’s America PAC didn’t reply to a request for comment.

 
Federal law treats lottery chances as a form of payment because each lottery chance has financial value to it, Raskin explained. “This is like passing out lottery tickets.”

- Not all campaign legal experts say Musk’s giveaway is over the line, however. Brad Smith, a former chairman of the Federal Election Commission, told the [New York Times]([link removed]) that he sees the move as “something of a gray area.” Smith continued: “He’s not paying them to register to vote. He’s paying them to sign a petition — and he wants only people who are registered to vote to sign the petition. So I think he comes out OK here.”  

- Hasen flatly disagrees with Smith. “I think he's totally wrong,” Hasen told What A Day, while noting that election law scholars have been debating the topic all day in a listserv. “What we would have is turning our elections into more like a bazaar, where people are not thinking like, ‘what's best for me and the country.’ It’s like, ‘what’s good for my wallet.’”
 

- Should normal people go ahead and sign up for this in hopes of winning the big bucks? Hasen’s answer: Hell no! “I certainly wouldn't sign up for it, because I know what the law is,” he said. “People who are listening to you now and hearing me speak: That would be a bad thing to do.” Got it! 

Raskin warned that Musk’s attempt to buy Trump’s way into the White House is par for the course among Trump’s allies. “It's consistent with the completely monetized pay-to-play, quid pro politics of the MAGA party,” he said.

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MEANWHILE ON
THE POD...

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WHAT ELSE?

Kamala Harris is leading Donald Trump among early voters by nearly 30 percentage points, [according to a new poll]([link removed]). But among those who plan to wait until Election Day, Trump leads by 17 percentage points. Don’t be fooled by the headlines! This race is still very much a coin toss. Which yes, is terrible! We’re sorry! We don’t like it either!
 
Nearly 1 in 5 Republicans say Trump should try to seize power if he loses the election, [a new survey found]([link removed]). Even more chilling, about 3 in 10 Republicans “believe that true American patriots may have to resort to violence to save the country,” Axios writes. Look we know it’s October but we would prefer to watch horror in fictional form. 
 
The Social Security Trust Fund could be drained completely within six years under a second Trump administration, [a new report predicts]([link removed]). A Harris administration, meanwhile, is projected to keep the Social Security Trust’s timeline on its current track. Touch choice!
 
Green Party candidate Jill Stein’s own family is urging her to drop out of the race for president, in fears that she’ll help Trump win the election. “When she told us she was going to run again back in October 2023, we asked her not to,” one of her own sons told the [New York Times]([link removed]). “She does not have the support of the family.” Embarrassing your family by helping Trump? Maybe this means she and RFK Jr. are twin flames after all. 
 
Prominent conservative New York Times columnist Bret Stephens announced that [he’s voting for Kamala Harris]([link removed]) in November. “I’d rather take my chances with a president whose competence I doubt and whose policies I dislike than one whose character I detest,” he said. Add this alongside Dick Cheney in the “uhhhh… didn’t see this coming but I guess we’ll take it” category.

The current global coral bleaching event is the largest ever recorded and continues growing, [the National Oceanic and Atmospheric Administration announced]([link removed]), and, you guessed it, man-made climate change is one of the big culprits.

LOOK NO FURTHER THAN CROOKED MEDIA

It’s been a wild ride for Empire City: The Untold Origin Story of the NYPD. We’ve dived into [the militarization of the force]([link removed]), [the policing of abortion in the early days of New York]([link removed]), and [the very first investigation into police corruption]([link removed]). But as NYPD news continues to break, we know there’s so much more to uncover. The series finale of Empire City dropped today, so make sure to follow [Empire City]([link removed]) wherever you get your podcasts. You can binge all episodes now and enjoy ad-free listening by joining Wondery+ in the Wondery App or on Apple Podcasts. 
 
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LIGHT AT THE END
OF THE EMAIL

The Biden administration [unveiled a new proposal]([link removed]) that would make over-the-counter birth control and condoms free for American women with private health insurance, and would require all health insurance providers to inform their customers about these free products. Let’s gooooooo. 

The Federal Trade Commission’s rule banning fake online reviews took effect today, [FTC Chair Lina Khan announced]([link removed]). Now I can at least be well-informed when spending a completely irresponsible amount of money online. Woo!!!
 
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YOU SURVIVED

 

SEE YOU TUESDAY

 

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