Is Elon Musk's $1 million voter sweepstakes legal? Experts weigh in.

When John Dreher recovered retired that he’d won $1 cardinal precocious past week, nan Pennsylvania resident pumped his arms successful nan air, strode onto a brightly lit stage, and shook hands pinch nan tech billionaire down nan gift: Elon Musk.

Dazzled by Musk, Dreher said he “forgot astir nan money for a small bit,” according to a video posted to X by Musk’s America PAC connected Saturday.

In summation to Dreher, 3 others person received $1 cardinal payments arsenic portion of a regular sweepstakes for registered swing-state voters that will beryllium held done Election Day, nan America PAC website says.

But nan payments whitethorn very good beryllium illegal, predetermination rule experts told ABC News.

They said nan giveaway appears to break national rule that prohibits individuals from paying money successful speech for elector registration. But, they added, nan costs strategy occupies a blurry ineligible area that's unfastened to interpretation.

“I’ve gone backmost and distant connected it,” Richard Briffault, a professor of authorities astatine Columbia University Law School, told ABC News. “It intelligibly violates nan tone of nan statute, but it’s not 100% clear to maine that it violates nan missive of nan law.”

ABC News contacted Musk-owned companies Tesla and Space X successful an effort to scope Musk for comment. He did not instantly respond. America PAC did not instantly respond to a petition for comment.

The Justice Department has sent a letter to America PAC informing Musk that his sweepstakes whitethorn break national law, a root acquainted pinch nan matter told ABC News connected Wednesday. It's unclear if nan section has already wished that Musk's giveaway is illegal.

The Justice Department declined to remark to ABC News.

To participate nan sweepstakes for nan $1 cardinal prize, individuals must motion a petition circulated by America PAC that pledges support for nan First and Second Amendment. The only group eligible to motion are registered voters successful 7 cardinal battleground states, nan America PAC website says.

Federal law targets anyone who “pays aliases offers to salary aliases accepts costs either for registration to ballot aliases for voting.” The punishment is simply a good of nary much than $10,000 aliases a situation condemnation arsenic agelong arsenic 5 years.

Musk's inaugural appears to break nan rule because nan exclusive eligibility for registered plaything authorities voters and Musk’s enthusiastic support for Trump propose that boosting elector registration makes up nan superior nonsubjective of nan giveaway, experts said.

“Clearly his intent is to connection monetary inducement to group to get them to registry to vote,” James Gardner, a professor of predetermination rule astatine nan University of Buffalo, told ABC News.

Doug Spencer, a professor of predetermination rule astatine nan University of Colorado, agreed. “It seems for illustration it really crosses nan line,” he said.

Rick Hasen, nan head of nan UCLA School of Law’s Safeguarding Democracy Project, called nan giveaway “clearly illegal” successful a blog post connected Saturday.

Tesla CEO Elon Musk (R) jumps connected shape arsenic he joins Donald Trump during a run rally astatine tract of his first assassination effort successful Butler, Pennsylvania connected October 5, 2024.

Jim Watson/AFP via Getty Images

Election rule allows campaigns to support voters successful definite ways, specified arsenic organizing a carpool to a voting tract connected Election Day. However, Musk’s giveaway appears to autumn into a abstracted class of forbidden inducement for elector registration, immoderate experts said.

“This isn’t for illustration giving a thrust to nan polls,” Briffault said.

Some experts said that location are plausible arguments to protect nan giveaway from ineligible jeopardy, though. For example, it does not exclusively target recently registered voters; it is besides unfastened to longtime voters. Plus, experts added, national rule affords latitude for governmental reside and donations.

“This is system successful a measurement that creates ambiguity,” Spencer said.

Musk could look prosecution for nan alleged crime, but it won’t hap earlier Election Day, experts said. Prosecution could enactment arsenic a deterrent for imaginable early offenders -- though a situation condemnation would beryllium highly unlikely, and nan good could beryllium considered negligible to a billionaire, Spencer added.

“The punishment is nary much than $10,000,” Spencer said. “In practice, it whitethorn not mean very much.”

ABC News' Alexander Malin contributed to this report.