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The Money Desk · Blog
Re:

Did the Justice Department Receive Complaints About Elon Musk’s $1 Million Voter Payments?

ABC reported that DOJ warned America PAC its 2024 sweepstakes may violate federal law. Public reporting does not establish the number or status of complaints to the department.
From TheFinanceBase Team3 min to read
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Public reporting does not establish how many complaints the Justice Department received about Elon Musk’s 2024 voter-promotion sweepstakes—or even confirm a specific complaint intake. ABC News reported that DOJ sent America PAC a warning letter saying the sweepstakes may violate federal law, but the department declined to comment and the report said it was unclear whether DOJ had concluded the giveaway was illegal.

What is known about DOJ’s contact with America PAC?

On October 23, 2024, ABC News reported that DOJ’s Election Crimes Branch had sent America PAC a letter in recent days warning that the sweepstakes may violate federal law. ABC cited a source familiar with the matter. DOJ declined to comment, and ABC said it was unclear whether the department had determined the giveaway was illegal. ABC News’ report does not establish a complaint count, who submitted any complaints, when they were submitted, or what became of them.

The sweepstakes was reported as offering a randomly selected swing-state resident $1 million per day. To qualify, a person had to sign an America PAC petition supporting the First and Second Amendments and be registered to vote. The eligibility condition and the contest’s stated purpose were the focus of the reported federal-law concern; the reporting does not document a final DOJ finding.

Did DOJ say Musk broke the law?

No public statement cited here shows DOJ declaring the 2024 sweepstakes illegal. A reported warning that conduct may violate a law is not the same as a final legal determination, criminal charge, or conviction. DOJ’s reported refusal to comment also does not establish that the department opened a formal investigation or took later enforcement action.

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On October 25, 2024, Senators Peter Welch and Richard Blumenthal urged Attorney General Merrick Garland to investigate whether the rewards were prohibited payments. Their letter cited 52 U.S.C. § 10307(c), which addresses paying or offering to pay someone for registering to vote or voting. The letter records the senators’ legal concern and request for action—not DOJ’s conclusion or a court ruling. The senators’ letter described the sweepstakes as operating in seven states.

What does the federal law address?

The federal provision at issue, 52 U.S.C. § 10307(c), concerns payment for voter registration or voting. Whether a particular promotion meets the statute’s requirements depends on the facts and legal analysis; the public materials cited here do not resolve that question for the 2024 sweepstakes. The senators’ characterization of the law is an argument for investigation, not an adjudication.

DOJ’s general guidance says its Public Integrity Section and U.S. Attorneys’ Offices enforce federal election-crime laws, including laws addressing vote-buying. It also identifies local U.S. Attorney’s Offices and FBI field offices as routes for reporting suspected election crimes. That agency-wide responsibility explains where such matters may be handled; it does not disclose the status of this specific matter. See DOJ’s election-crimes guidance, updated February 6, 2025.

How the other legal proceedings differ

Jurisdiction and date What was reported What the development establishes
Federal, 2024 ABC reported a DOJ warning letter to America PAC about the sweepstakes. A reported warning, not a published finding of illegality or a confirmed complaint count.
Pennsylvania, October 28, 2024 Philadelphia’s district attorney sued over the giveaway, asserting claims under state lottery and consumer-protection rules. A state civil lawsuit, distinct from the reported federal vote-buying concern. AP’s report describes the suit.
Wisconsin, 2025 election / 2026 referral The Wisconsin Elections Commission referred two complaints concerning Musk’s $1 million payments to voters in the 2025 state Supreme Court election to a county district attorney. AP reported the commission found probable cause under state law. An administrative referral for a prosecutor to consider; it is not a criminal conviction and is separate from the 2024 federal matter. AP’s report covers the referral.
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What remains unconfirmed about complaints

The public sources cited here do not verify the number of complaints DOJ received about the 2024 payments, who filed them, when DOJ received them, or their disposition. The two complaints in the later Wisconsin reporting concern a different election, year, jurisdiction, and process; they should not be counted as DOJ complaints about the 2024 sweepstakes.

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