CA Senate rejects Elon Musk’s tactics – supports measure to outlaw voter prizes or lotteries

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CALIFORNIA – Senator Thomas J. Umberg’s (D-Santa Ana) Senate Bill 398 banning lottery or prize offers for voter registration, passed the Senate unanimously, 38-0.

The measure now head to Assembly for policy committee hearings.

“This vote sends a clear message to Elon Musk and anyone else who may have ideas about monetizing election participation,” said Umberg.

He goes on to say that what Musk has done in Pennsylvania and Wisconsin is spit in the face of our founders, longstanding campaign ethics, and federal election law.

Musk and American PAC signaled intention to give away $1 million

Umberg said during the 2024 U.S. presidential election, South African billionaire Elon Musk founded “America PAC” to support Donald Trump in his candidacy for the White House. 

In October of 2024, Musk announced that America PAC would be giving away $1 million in a lottery to someone in a swing state who signed a petition under the pretense of supporting for the First and Second Amendment of the U.S. Constitution. 

In March, Musk and America PAC again signaled their intention to award two Wisconsin voters each a $1 million prize for attaching their signatures to a petition pertaining to the state’s current Supreme Court election.  

Violators face up to five years in jail

Vote buying is illegal federally and in every state. Musk and America PAC have claimed legality on the basis that they aren’t technically paying someone to vote in a particular manner, according to Umberg.

SB 398 would criminalize paying or offering incentives, like lotteries, to register someone to vote.

A violation of SB 398 would be punishable by imprisonment for up to five years, a fine of up to $10,000, or both.

“My bill will make it clear that such interference in one of our most sacred duties as citizens is not welcome in California,” said Umberg.

RELATED: New CA bill would make it a misdemeanor for police to wear masks on duty

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