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Elon Musk is giving some Pa. voters $1 million each. Josh Shapiro has some legal questions.

Pennsylvania Gov. Josh Shapiro, who is backing Vice President Kamala Harris, called Musk's lottery "deeply concerning." So have some election law experts.

Elon Musk leads an America PAC town hall at Ridley High School in Delaware County on Thursday. Musk is funding a push to help former President Donald Trump defeat Vice President Kamala Harris in Pennsylvania.
Elon Musk leads an America PAC town hall at Ridley High School in Delaware County on Thursday. Musk is funding a push to help former President Donald Trump defeat Vice President Kamala Harris in Pennsylvania.Read moreCharles Fox / Staff Photographer

Billionaire Elon Musk wants Donald Trump to win Pennsylvania and ultimately the 2024 election, even if it means paying people to register to vote.

During a rally in Pittsburgh Saturday night, Musk — the CEO of Tesla and SpaceX and the owner of the social media platform X — announced he would randomly give $1 million to Pennsylvania voters every day through Election Day on Nov. 5. He gave away his first check to a man identified as John Dreher, and a second Sunday afternoon to a woman named Kristine Fishella.

“I came here to see Elon Musk and to support Trump to be the next president,” Dreher, wearing a Make America Great Again hat, said in a video shared to social media by America PAC, Musk’s political action committee.

» READ MORE: Trump visited a Bucks County McDonald’s to cook some french fries and work the drive-thru

In order to qualify for Musk’s self-funded sweepstakes, you have to be registered to vote in Pennsylvania and sign a petition from his political action committee to support two constitutional amendements — the freedom of speech and the freedom to bear arms. Musk also said he would expand his lottery to include voters from six other battleground states — Georgia, Nevada, Arizona, Michigan, Wisconsin, and North Carolina.

It’s the first part — the requirement that someone be registered to vote — which some experts are calling illegal. According to federal law, it is illegal for someone who “pays or offers to pay or accepts payment either for registration to vote or for voting,” with penalties including a fine up to $10,000 and up to five years in prison. According to the Department of Justice, the “bribe may be anything having monetary value, including cash, liquor, lottery chances, and welfare benefits such as food stamps.”

“Though maybe some of the other things Musk was doing were of murky legality, this one is clearly illegal,” UCLA Law School political science professor Rick Hasen wrote on his Election Law Blog Saturday.

Hasen told the Associated Press what makes Musk’s $1 million payment illegal is he’s only offering it to people who are registered to vote. “If all he was doing was paying people to sign the petition, that might be a waste of money. But there’s nothing illegal about it,” Hasen said.

“There would be few doubts about the legality if every Pennsylvania-based petition signer were eligible, but conditioning the payments on registration arguably violates the law, which prohibits giving anything of value to induce or reward a person for registering to vote,” Brendan Fischer, a campaign-finance lawyer, told the New York Times.

A spokesperson for Musk’s political action committee could not be reached for comment.

Pennsylvania Gov. Josh Shapiro, the commonwealth’s former attorney general, called Musk’s payments “deeply concerning” and said law enforcement should investigate whether they are legal.

“Musk obviously has a right to be able to express his views. He’s made it very, very clear that he supports Donald Trump,” Shapiro said on NBC’s Meet the Press Sunday. “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 might want to look at.”

Shapiro told reporters at an event Sunday afternoon he had not spoken with Pennsylvania Attorney General Michelle Henry about Musk’s lottery, adding, “It could be something that crosses the line, that’s a question for law enforcement.”

Another critic of Musk’s payments is Rep. Alexandria Ocasio-Cortez (D., N.Y.). Campaigning for Vice President Kamala Harris at a union rally in Philadelphia Sunday, Ocasio-Cortez accused the billionaire of trying to take advantage of voters who might be “struggling to make ends meet.”

“Elon Musk thinks your vote can be bought,” Ocasio-Cortez said.

Staff writers Julia Terruso and Gillian McGoldrick contributed to this article.