Pussyfooting about something is condoning it. It's the justice department and they can't make a binary yes/no conclusion on the legality of this? "We're warning you that you may get in trouble" is a green light to continue, they said it themselves, it's merely questionable, and Elon Musk has infinite resources to have a legal team spin it all back on the DOJ
Now, if this were just a lottery set up by Elon Musk for people who sign a petition, that'd be one thing, but this petition has prerequisites aside from just signing your name on the petition. First of all, it's only for people who live in Pennsylvania. Second, you are only eligible to enter if you yourself register to vote or refer someone else in a battleground state to register to vote via a link as their sponsor.
The statute above specifically states that both offers to pay or accepted payments in exchange for registering to vote is prohibited. So not only might Elon Musk be in trouble for offering the financial incentive, so too is anyone who accepted the reward money as a result of their participation. Musk is trying to get around this by making it a random draw, but the fact that they are only eligible when they meet the specific requirement of someone somewhere registering to vote, that should be cause for concern. It's not a totally clear cut violation of the law, but it's quite clearly against the spirit of the law which wants to discourage people from using financial incentives like the one Musk is offering to compel people to vote or register to vote.
No lawyer, but so often you'll see a judge discuss the intent of the law vs. the letter of the law and make judgement on that, sometimes helping to change the law in question. Here we have a case where the argument is that he isn't paying someone to vote a certain way or even to vote, so it's not technically breaking existing law. But we all see what's going on, so the intent is clear.
Nothing will happen to him mainly because of him being untouchable, plus the time frame. This just needs to serve as a lesson to act on for the future and get the laws caught up with the times, where absolutely the rich and powerful are influencing political direction in so many ways, and have been for a long time. It needs to stop.
Could that depend on state law, since states control the actual election processes? I would think if it was universally written that clear then actual justice officials would be saying so.
If I’m understanding correctly, this sounds like lip service and nothing more than a side-eye glare from the DOJ while muttering quietly, “Don’t. Stop. That’s ‘illegal’” in Musk’s general direction.
They have as many teeth as the SEC has had when it comes to Musk’s “AlLEdgEd” shenanigans.
So, here's my test: someone without his clout do the exact same thing except with $100. If that person gets charged but Musk doesn't, that tells you exactly why Musk will get away with it.