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Dave McCormick defends legality of Elon Musk giveaway ahead of DOJ warning

PHILADELPHIA — Republican Senate candidate Dave McCormick defended Tesla CEO Elon Musk on Wednesday over a cash sweepstakes that legal experts say falls in a gray area of federal election law. Since Saturday, Musk has been handing out $1 million checks to randomly drawn registered voters who sign a petition in support of the Constitution. […]

PHILADELPHIA — Republican Senate candidate Dave McCormick defended Tesla CEO Elon Musk on Wednesday over a cash sweepstakes that legal experts say falls in a gray area of federal election law.

Since Saturday, Musk has been handing out $1 million checks to randomly drawn registered voters who sign a petition in support of the Constitution. The giveaway, which began in Pennsylvania, is part of a larger effort by Musk to boost swing state turnout for former President Donald Trump.

McCormick, speaking to reporters at a campaign stop in Philadelphia, welcomed the petition as a way to energize Republican voters, both in his race and at the top of the ticket. McCormick appeared with Musk outside of Pittsburgh on Sunday as he awarded one of the first checks.


But the petition has drawn concerns that it illegally offers a financial incentive to register to vote. On Tuesday, the Justice Department reportedly sent a letter to Musk’s super PAC warning it may be violating the law.

When asked about the legality before news of the letter broke, McCormick said he had not studied the matter. But he defended the way Musk arranged the lottery, which asks registered voters to pledge their support for the First and Second Amendments.

“I can’t imagine there’s a problem with it,” said McCormick. “I was certainly there when that young woman received a million dollars, and the pledge she made was to the Constitution, not to vote for any particular candidate, so it seemed like a great thing.”

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The lottery, now expanded to six other swing states, is just Musk’s latest investment in the presidential race. He’s funneled tens of millions into a door-knocking operation for Trump and has personally held rallies on his behalf.

Musk’s support has drawn the ire of Democrats. On Tuesday, Gov. Tim Walz (D-MN), the Democratic nominee for vice president, quipped that Musk had become Trump’s de facto running mate.

Two days earlier, Gov. Josh Shapiro (D-PA), formerly the attorney general of Pennsylvania, suggested that law enforcement investigate the legality of Musk’s lottery.

McCormick, citing his attendance at the Pittsburgh event, expressed hope that Musk would succeed in turning out the infrequent voters Trump needs to win on Nov. 5.

“I mean, he creates a lot of energy, and there’s lots of voters there that I don’t know if they would have voted otherwise,” McCormick said at a press conference held outside a local firefighters union in Philadelphia.

But he acknowledged the election would be close, as polls show Trump with a narrow lead that falls within the margin of error.

Republican Senate candidate Dave McCormick holds a press conference at the Local 22 headquarters for the International Association of Firefighters in Philadelphia. The union endorsed McCormick in September. (David Sivak/Washington Examiner)

McCormick, for his part, has closed the gap with his Democratic opponent, Sen. Bob Casey (D-PA), and is roughly tied in polling.

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“I think President Trump is going to win, but it’s going to be close. And I think I’m going to win, but it’s going to be close,” McCormick said.

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“So, all efforts that are invested here are welcome,” he added. “We need all the help we can get.”

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