Elon Musk is – in fact – paying people to register to vote. This is a violation of federal election laws, and he should be prosecuted, fined, and imprisoned for his numerous violations. Unfortunately, this is Elon Musk we’re talking about, and the person charged with enforcing the federal laws against him is Attorney General Merrick Garland – and all that means is that Musk won’t be prosecuted or fined, nor sent to prison. The rules, you see, are different for rich, law-breaking white Republicans than for anyone else. I thought everyone knew that by now.

What Musk is doing isn’t complicated, but there are enough misdirections in his plan that it can be confusing to see what he’s doing. So let me explain. Through his political action committee, Musk is offering $1,000,000 in a lottery to residents of “battleground” states – specifically Pennsylvania, Georgia, Nevada, Arizona, Wisconsin, Michigan and North Carolina – who signed his PAC’s petition. The petition is a general commitment to “support” the First and Second Amendments (because, of course, a white South African whose family benefited from apartheid is a bit more interested in supporting the Second Amendment than, say, the Thirteenth, Fourteenth and Fifteenth Amendments). that prevent people like Musk from doing here what people like Musk did in South Africa). If you sign the petition, you have a chance to “win” a million dollars. Musk distributed the first check last weekend.

Paying people, or giving them a lottery ticket, to sign a petition is legal. It’s very good. It’s an exercise in free speech, at least in this ridiculous country that equates money with speech.

The problem with Musk’s plan is that to get the money, you have to be registered to vote. By making voter registration the key to getting money, Musk is trying to get people who aren’t registered to register to vote. It is illegal. According to election law expert Rick Hasen underlinesIt is a violation of federal law to pay people, bribe them, or give them just about anything of monetary value to get them to register to vote.

For those playing the game at home, the law Hasen highlights is: 52 USC 10307 (c) which states: “Whoever, knowingly or willfully, gives false information as to his name, address or period of residence in the electoral district for the purpose of establishing his eligibility to register or to vote, or conspires with another person with the aim of encouraging their false information. registration to vote or illegal voting, or pays or offers to pay or accepts payment either for voter registration or for voting, he shall be fined not more than $10,000 or imprisoned not more than five years, or both…” (Emphasis added by Hasen)

The Justice Department clarified that this law does not apply, for example, to taking voters to the polls. But that involves giving people cash, alcohol, food stamps or… “lottery chances” to entice them to sign up.

Musk is breaking the law, but for it to count, someone has to sue him for his violations and that task unfortunately falls to Merrick Garland. Garland sent Musk and his PAC a letter earlier this week in which he “warned” that they “may” violate federal law. Garland would monitor and investigate the situation. Musk ignored the warning and announced other winners.

I know there are still people who would like to defend Garland’s historic failure to enforce laws against Republican political actors, but honestly, Garland’s response is beyond pathetic. It takes a Google search and a half hour of access to Westlaw to “investigate” whether “Hoo boy, register to vote for a chance to win a million dollars” violates applicable federal standards. The Department of Justice “Electoral Crimes Handbook” explains that what Musk is doing is illegal. Garland only has to “investigate” the rules written by his own institution to understand that Musk is breaking the law.

The strong letter Garland sent to Musk should have been a legal complaint, filed in court, and served to Musk while he was on stage handing out the damn check.

But while Garland continues to be a national embarrassment, incapable of doing anything to anger the Republican base, the sad reality is that even enforcing all legislative measures against Musk would not end his illegal actions. This is because the force of the law is incredibly weak in this case and has little consequence for a rich white man.

Astute readers will have noticed that the penalty for violating the law in question is a fine “not more than $10,000” or imprisonment “not more than five years, or both.” Musk won’t go to jail over this. We don’t put white people in jail for violating federal election laws, especially not when they are first-time offenders and the violation is as technical as this. (People, mostly white people, will object to my pointing out that Musk’s race helps him get away with it, but please, how quickly do you think Oprah would find herself in jail if she went to Houston and offered $1,000,000 to someone who registered to vote and signed her petition saying “I support black women”?) Also: violations of this nature are always, or almost always (see Oprah’s thought experiment above) fined in the first place.

This fine should be $10,000. For Elon Musk. I’d say the fine is loose change for him, but the actual change you have in your pockets and hidden in your couch cushions is probably a higher percentage of your net worth than $10,000 versus the billions by Elon Musk. Even if you fined him $10,000 for each violation – that is, $10,000 for each voter who registers for a chance to win their lottery – the fine would not deter their behavior at all.

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So Elon Musk is paying Republicans to register to vote in battleground states and there’s really nothing we can do to stop him.

With this raw reality in mind, my real advice is that Democrats in battleground states should also register to vote and sign Musk’s petition. Maybe you’ll win the $1,000,000. Then you can go on stage, collect your check, and rip your shirt to show that you’ve always been a Harris voter. Everyone should have the chance to punk Elon Musk.

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Elie Mystal

Elie Mystal is The Nationjustice correspondent of the association and host of its legal podcast, Contempt of court. He is also an Alfred Knobler Fellow at the Type Media Center. His first book is New York Times bestseller Let me retort: ​​A Black Man’s Guide to the Constitution, published by La Nouvelle Presse. Elijah can be followed @ElieNYC.

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