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What's the legality behind Elon Musk's America PAC?

Elon Musk
Elon Musk at Trump Rally
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(WXMI) — The $1 million dollars being given out by Elon Musk’s America political action committee (PAC) continues to raise questions.

Musk is the billionaire founder of Tesla and Space X, and X is pledging to give away $1 million a day to individuals in swing states who sign up for his petition to support the First and Second amendments.

The legality of the America PAC has been brought up numerous times now, with the Department of Justice (DOJ) reportedly warning Musk the giveaway "may" violate federal law.

It also begs the question: Where’s the line for political action committees?

“PACS are very legal," said Jeff Swartz, a professor at Cooley Law School. "The difference is that the candidate of his campaign or her campaign cannot have any involvement in the decision-making process of how the money is spent.”

So, what is wrong with Elon Musk's America PAC? It could potentially be breaking United States Code 18 Section 597, which states:

"Expenditures to influence voting. Shall be fined under this title or imprisoned not more than one year, or both; and if the violation was willful, shall be fined under this title or imprisoned not more than two years, or both."

Musk has fought back against that argument, saying in a post on X recipients "can be from any or no political party. And you don't even have to vote.”

Elon Musk Tweet regarding America Pac
Elon Musk talks about whats necessary to be a recipient of the one million dollars

An argument can be made about certain text messages and flyers going out to Michigan residents offering $250 to reach out to friends about voting.

Professor Swartz says not to take these too seriously.

“They're just trying to get people to go out and vote," Swartz said. "There's no $250 there. That would be a direct payment for a vote. That would either be bribery or violating a federal law, either one, in the state of Michigan.”

Musk has said it's a goal to get 1 million registered voters in swing states to sign his petition.

Even with the DOJ's recent warning, the America PAC website is still up and running.

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