Here's how Elon Musk's $1 million a day give-away to battleground voters works

Tech billionaire Elon Musk is making waves on the Pennsylvania campaign trail in support for former President Donald Trump's re-election, including offering $1 million a day to swing-state voters who sign his political action committee’s petition backing the Constitution.

"Every day, from now through Nov 5, @America PAC will be giving away $1M to someone in swing states who signed our petition to support free speech & the right to bear arms! We want to make sure that everyone in swing states hears about this and I suspect this will ensure they do," Musk, the wealthiest individual in the U.S., posted to X early Sunday morning. 

The night prior, Musk granted a $1 million sum to a Pennsylvania man named John Dreher during an event in Harrisburg, Pennsylvania. 

"The only thing we ask for the million dollars is that you be a spokesperson for the petition, and that's it, really," Musk said at the rally, as Dreher explained he "had no idea" he was selected. 

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SpaceX and Tesla founder Elon Musk speaks at a town hall with Republican Senate candidate Dave McCormick at the Roxain Theater on Oct. 20, 2024 in Pittsburgh. (Michael Swensen/Getty Images)

Fox News examined the legality surrounding the initiative and found that it is a legal gray zone that appears to be open to interpretation, also finding similar Democratic initiatives in the Keystone State and nationally.

Under federal law, it is a crime to pay someone to register to vote. However, Musk's giveaway is not enticing voters to register but instead sign a petition. 

Musk's rules surrounding the $1 million award include that voters sign his PAC's petition, which backs the First and Second Amendments of the U.S. Constitution. The initiative outlines that it only applies to registered voters in the battleground states of Pennsylvania, Georgia, Nevada, Arizona, Wisconsin and North Carolina, implying that non-registered voters do not qualify for the program. 

"The First and Second Amendments guarantee freedom of speech and the right to bear arms. By signing below, I am pledging my support for the First and Second Amendments," the petition reads. 

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The America PAC website details that a petition signer in the Pittsburgh area will be awarded the sum for Oct. 20, and another signer from Pennsylvania at-large will be awarded the sum for Oct. 21. 

"Oct 22 - Nov 5: Each day, one petition signer from either PA, GA, NV, AZ, MI, WI, or NC will earn $1,000,000," the website continues, detailing which states are considered battlegrounds. 

The petition does not require a resident to register to vote to sign the petition, only prompting users to answer whether they are registered voters. 

The Washington Post detailed in a piece earlier this month, titled "Massive influx of shadowy get-out-the-vote spending floods swing states," that a nonprofit in Philadelphia was sending more than 100,000 comic books to voters under the age of 32 in the area to increase voter turnout in favor of Vice President Kamala Harris. The outlet explained that the nonprofit also "has tried to juice voting" with $1,000 Target gift cards, $2,000 rent checks and $10,000 grants to community groups this cycle. 

A youth-focused nonprofit, The Civic Center, is running a similar promotion for high schoolers: $150 gift cards to students who help ready their schools for High School Voter Registration Week.

Tesla and SpaceX CEO Elon Musk listens as Republican presidential nominee former President Donald Trump speaks at a campaign event at the Butler Farm Show on Saturday, Oct. 5, 2024 in Butler, Pennsylvania. (AP Photo/Alex Brandon)

The $1 million a day giveaway amid a close and highly-anticipated election has spurred some criticism and legal concerns from Democrats, including Pennsylvania Gov. Josh Shapiro, who previously served as the state's attorney general. 

"I think there are real questions with how he is spending money in this race, how the dark money is flowing, not just into Pennsylvania, but apparently now into the pockets of Pennsylvanians. That is deeply concerning," Shapiro said on NBC’s "Meet the Press."

He continued, "Look, Musk, obviously has a right to be able to express his views, and he’s made it very, very clear that he supports Donald Trump, and we have a difference of opinion. I don’t deny him that right, but when you start flowing this kind of money into politics, I think it raises serious questions that folks may want to take a look at."

"You think it might not be legal, yes or no?" host Kristen Welker asked.

Shapiro responded, "I think it’s something that law enforcement can take a look at."

Musk brushed off the concern on X, "Concerning that he would say such a thing." 

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Earlier this month, Musk's PAC announced that individuals seeking to increase voter registration and turnout are offered starting wages of $30 an hour - far above the federal minimum wage of $7.25 an hour – with the PAC also offering battleground state voters $47 for each registered voter they refer to sign the PAC's petition. In Pennsylvania, Musk's PAC is offering residents $100 to sign the petition and $100 for every referral. 

Elon Musk speaks as part of a campaign town hall in support of Republican presidential nominee former President Donald Trump in Folsom, Pennsylvania, on Thursday, Oct. 17, 2024. (AP Photo/Matt Rourke)

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The PAC, which bills itself as promoting "free speech, free markets, and a merit-based society," was officially formed earlier in the summer, with Federal Election Commission filings from late last month showing the America PAC has already invested at least $2.4 million in more than a dozen key congressional races. Musk said in July he planned to commit about $45 million a month to the super PAC. 

Musk officially endorsed Trump over the summer, when the 45th president survived the first assassination attempt on his life this election cycle, and has since joined the campaign trail, most notably in the key battleground state of Pennsylvania to rally support and encourage people to vote. 

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He has made the First Amendment, Second Amendment, cutting government red tape and ending overregulation on businesses hallmarks of his campaign speeches. Trump has meanwhile lauded Musk for his support and said that the tech billionaire behind SpaceX and X is willing to take on the role of "Secretary of Cost-Cutting" for the federal government if Trump is re-elected to the White House. 

Elon Musk jumps on the stage as Republican presidential nominee former President Donald Trump speaks at a campaign rally at the Butler Farm Show on Saturday, Oct. 5, 2024 in Butler, Pennsylvania. (AP Photo/Evan Vucci)

Musk's campaign tour has apparently worried Democrats amid Trump's effort to claim the Keystone State.

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Pennsylvania is viewed as the state that will likely determine the final outcome of the election, with both Trump and Vice President Kamala Harris repeatedly zigzagging the state to rally support among city dwellers, suburbanites and farmers alike. Democratic Sen. John Fetterman warned party members to not discount Musk's influence with Pennsylvania voters. 

Republican presidential nominee former President Donald Trump hugs Elon Musk, right, at a campaign rally at the Butler Farm Show on Saturday, Oct. 5, 2024 in Butler, Pennsylvania. (AP Photo/Evan Vucci)

"Not even just that he has endorsed [Trump], but the fact that now he’s becoming an active participant and showing up and doing rallies and things like that," Fetterman told the New York Post this month. 

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"I mean, [Musk] is incredibly successful, and, you know, I think some people would see him as, like, a Tony Stark," said Fetterman. "Democrats, you know, kind of make light of it, or they make fun of him jumping up and down and things like that. And I would just say that they are doing that at our peril."