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Elon Musk Faces Criminal Prosecution Threat from Biden-Harris DOJ for Petition Giveaway

The administration targets Musk's $1 million voter initiative as it cracks down on election-related efforts.

The Biden-Harris Department of Justice (DOJ) is threatening Elon Musk with criminal prosecution over his initiative to encourage voter turnout through a petition giveaway. Musk's America PAC has offered $1 million rewards to registered voters in swing states who sign a petition supporting the First and Second Amendments, sparking a legal battle with the DOJ just as the 2024 election season heats up.

Musk’s PAC is selecting one daily winner in key battleground states. To participate, individuals must prove they are registered voters, signing a petition that pledges support for core constitutional rights. But the DOJ, under the Biden-Harris administration, has warned that this giveaway “might violate federal laws against paying voters,” as reported by The New York Times. While it's unclear if the petition breaches election law, the letter threatens a potential criminal investigation if Musk doesn’t halt the initiative.

This move comes on the heels of a push from anti-Trump Republicans, who sent their own letter to the DOJ, demanding action against Musk’s efforts. The administration’s attack on the petition giveaway is yet another example of how Democrats have demonized Republican-led election integrity laws across the country, falsely branding them as modern-day Jim Crow.

  • The Biden-Harris DOJ’s threat hinges on whether Musk’s initiative constitutes “payment to induce voter registration.”

  • Legal experts are divided, with some suggesting the case is in "new legal territory," given no clear precedent exists.

  • Despite the legal threats, some believe this is simply an effort by Musk to mobilize voters and build a contact list for future campaigning.

Interestingly, this isn’t the first time the Biden-Harris administration has intervened in voter registration efforts. Earlier this month, they filed a lawsuit to block Virginia from removing non-citizens from the voter rolls despite the state’s compliance with laws signed by Democrats. The administration’s selective approach to enforcing election laws raises questions about its motives, particularly in light of its attempts to discredit Republican-backed efforts to safeguard election integrity.

Nate Persily, a professor at Stanford Law School, noted the unprecedented nature of this case. He explained that the legal battle hinges on whether the giveaway is seen as payment to register voters or merely to sign a petition. “We’re in new legal territory here,” Persily said, adding that if it's found to be tied to voter registration, it could violate federal law.

However, Michael Morse, a law professor at the University of Pennsylvania, suggested the DOJ might hold off on prosecuting Musk before the election, given the legal complexities and more urgent matters at hand. He framed Musk’s initiative as part of a larger effort to collect email contacts and rally supporters.

With Musk’s influence and the stakes in the 2024 election rising, this legal clash is likely only the beginning. As Democrats push to tighten control over election-related activities, Republicans must remain vigilant against efforts to stifle voter turnout initiatives like Musk’s, which aim to protect constitutional rights.

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