The lawsuit from Philadelphia District Attorney Larry Krasner claims Musk and his America PAC are “running an illegal lottery in Philadelphia (as well as throughout Pennsylvania).”
Musk announced the eighth winner of his super PAC’s $1 million prize in Lancaster, Pennsylvania, on Saturday and doubled down on his promise to continue offering the money to a registered swing state voter who has signed his petition. He said participants are not required to vote, but the online petition form says one has to be a registered voter to be eligible.
“We’re trying to get attention for this very important petition to support the Constitution. And, it’s like, if we, you know — we need the right to free speech; we need the right to bear arms,” Musk said at the rally.
“So we’re going to be giving out a million dollars every day through Nov. 5,” he continued. “And also, all you have to do is sign the petition in support of the First and Second Amendment. That’s it. You don’t even have to vote. It’d be nice if you voted, but you don’t have to. And then just basically sign something you already believe in, and you get a test to win a million dollars every day from now through the election.”
Federal law singles out anyone who “pays or offers to pay or accepts payment either for registration to vote or for voting.” The penalty is a fine of no more than $10,000 or a prison sentence as long as 5 years.
When asked for comment, a representative for America PAC pointed ABC News to a post on X announcing Monday’s $1 million giveaway winner, which was published after news of the lawsuit broke. The winner on Monday was from Michigan, according to the post.
The person added it is fair to “infer” the PAC plans to continue handing out the $1 million checks.
The Department of Justice sent a letter to Musk last week warning him the giveaway may violate federal law, a source familiar with the matter confirmed to ABC News. The letter from the Election Crimes Branch of the DOJ’s Public Integrity Section was sent to Musk’s PAC, the source said.
“I’ve gone back and forth on it,” Richard Briffault, a professor of legislation at Columbia University Law School, told ABC News. “It clearly violates the spirit of the statute, but it’s not 100% clear to me that it violates the letter of the law.”
Other experts, like Doug Spencer, a professor of election law at the University of Colorado, said “it seems like it really crosses the line.”
(WASHINGTON) — Every election cycle, political observers speculate about the power and prevalence of ticket-splitters: voters who support one party for president and another on down-ballot races. This year, their influence is unquestioned: they hold the House and Senate majorities in their hands.
Given the congressional maps and margins, both chambers are set for flips. In the Republican-controlled House, if Democratic House candidates win every district that President Joe Biden won in 2020, the party will regain control there. And if states with Senate races follow the expected presidential results, Republicans will retake the Democratic-controlled upper chamber in November.
That leaves the already influential but dwindling tribe of voters willing to split their tickets with a particularly uncommon amount of sway this November, underscoring the unsteady footing Democrats and Republicans hold in Washington and the vast importance of candidates’ ability to reach beyond partisan loyalties.
“I don’t recall any time in our history where it’s been this way, especially not in my lifetime,” said former Michigan Republican Rep. Mike Bishop, who was swept out of office in the 2018 blue wave. “It’s going to be razor thin.”
Republicans are defending their tissue-thin majority in the House, with 17 Republicans holding the line in districts that Biden took four years ago — 10 of which are in sapphire blue California and New York. And Democrats can afford to suffer only one loss in the Senate — and with a surefire defeat in West Virginia’s open Senate race, they’ll need battle-tested incumbents to hang on in ruby red Montana and Ohio.
That’ll leave both parties leaning on a trend that has precipitously dropped in recent years.
In 1988, the first of a series of consecutive, competitive election years, half the states with Senate races supported the same party for president and Senate, a number that grew to around 70% by 2000. By 2016, there was no difference between the Senate and presidential map, and in 2020, only Sen. Susan Collins, R-Maine, bucked her state’s presidential results, winning reelection on the back of a longstanding brand of pragmatism.
The trend has bucked the historic mantra that “all politics is local,” leaving national politics to rule the day and margins in statewide and House races to more closely track presidential election results.
“With ticket-splitting, you’re dancing on the head of a pin,” said Mike Madrid, a GOP strategist based in California, which is home to several House Republicans in Biden-won districts.
The key to winning over enough of the remaining ticket-splitters, Democrats and Republicans said, is establishing a candidate’s unique brand, which lawmakers this year are hard at work trying to accomplish.
Montana Sen. Jon Tester, a Democrat, makes a concerted effort at bolstering his just-like-you reputation as a farmer, while Ohio Democratic Sen. Sherrod Brown doubled down on his blue-collar appeal as a pre-Trump era populist.
And in California, Republican Reps. David Valadao and Mike Duarte have highlighted their own experience as farmers, for instance, while Republican Rep. Mike Garcia has promoted his time as a naval combat pilot.
All the while, the lawmakers have avoided hammering away at the other party, instead focusing on flaws specifically with their leaders, while working to push bipartisan measures in Congress that could address local issues and constituents’ concerns.
“It’s the way you act and the way you speak,” said New York GOP strategist Tom Doherty. “Work with the other side. Everything you do can’t be, ‘they’re bad people because they’re Democrats,’ or ‘they’re bad people because they’re Republicans.'”
“It’s incredibly important that the brand is built on authenticity, and that’s really why people split tickets,” added one Democratic strategist working on Senate races. “Partisanship tells us a lot, but ultimately, people tend to vote for the candidate who they think is A, on their side, and B, giving it to them straight.”
For some lawmakers in particularly hostile political territory, having a high-profile break with your party or staking out a big claim on an unconventional issue given a candidate’s partisanship could also prove beneficial.
New York Republican Rep. Marc Molinaro used his opening ad to discuss abortion, saying that “I believe health decisions should be made between a woman and her doctor, not Washington.” Tester stayed away from his party’s national convention in Chicago this month. And Brown is out with an ad featuring a Republican sheriff highlighting efforts to stem the flow of fentanyl across the southern border.
“You need to have something that people don’t expect,” said former Republican Rep. Steve Stivers, a former chair of House Republicans’ campaign arm. “It doesn’t need to be a giant disagreement, but it needs to be unexpected, I think, to really catch people’s attention and build an independent brand.”
“You have to have those disagreements,” agreed former Democratic Rep. Nick Rahall, whose opposition to abortion and A+ rating from the National Rifle Association helped protect him in a red district in Ohio until Republicans finally unseated him in 2014. But, he warned, “it’s not a guarantee.”
Already, the country saw some candidates defy political gravity.
Despite having a disappointing 2022 cycle overall, Republicans were able to win and flip several Biden-won House districts in California and New York — the same seats that make up the path to the House majority — on messages on crime and the border while keeping former President Donald Trump at arm’s length.
But that was then. This year, the matchup between Vice President Kamala Harris and Trump will be the gravitational force in elections.
“Republicans in Biden districts found an issue that resonated with persuadable voters,” said former New York Rep. Steve Israel, who chaired House Democrats’ campaign arm for two cycles.
Replicating that success, though, will be “more difficult in a presidential year for Republicans,” Israel said.
This year’s presidential election is shaping up as another test of how much the rubber band between presidential and down-ballot margins can stretch — before it snaps.
“There are elections where the top the ticket is so overwhelming that everybody gets washed away. That is certainly something that can happen. But the only defense is to control your own persona and your own message,” said William O’Reilly, a GOP strategist who has worked on down-ballot races in New York. “You have to swim the tide, do the best you can and hope it’s not too overwhelming.”
There’s no way to know precisely how far a candidate can run ahead of the top of the ticket, but Madrid, who is also a senior fellow at the University of California, Irvine, studying the state’s competitive Orange County, said, “anything over 5-7 points is stretching the rubber band pretty tight.”
That’s on top of the increasing tribalism of modern politics.
Bishop, the former Michigan congressman who lost in 2018, said more and more people are less eager to split tickets and more than willing to simply pull a lever against a party they dislike — and there’s virtually nothing a candidate can do to reach those voters.
“There was nothing that I could say,” Bishop said of his 2018 race. “It didn’t matter who I was, what I stood for, whether or not they had confidence in my ability to represent them. It was an absolute protest vote, and for the first time I almost lost my hometown that I used to drag through at 60%, 70%.”
When asked if there’s anything down-ballot candidates can do to distance themselves from the party standard bearers, Bishop sounded a pessimistic tone.
“I just think the current is so strong at the top of the ticket that they’re getting pulled along,” Bishop said of the presidential candidates’ pull. “These personalities are bigger than life.”
(WASHINGTON) — Vice President Kamala Harris’ campaign said on Thursday that it did not use any materials that the FBI said Iranian hackers gathered from email accounts associated with former President Donald Trump’s campaign and sent to President Joe Biden’s campaign before he left the race.
Trump’s campaign on Wednesday demanded more information from Harris’ campaign including that it disclose the materials it received and whether it was used.
A Harris campaign official told ABC News that “the materials were not used.” The campaign declined to comment on whether or not they would comply with the Trump campaign’s request to disclose what they received.
Over the summer, Iranian hackers sent unsolicited emails to individuals associated with then-candidate Biden that “contained an excerpt taken from stolen, non-public material from former President Trump’s campaign as text in the emails,” according to information released by the FBI and other U.S. intelligence agencies on Wednesday.
The contents of those excerpts are not yet clear.
The FBI said there was no information indicating that the recipients of the information replied to the hackers’ messages.
The White House said Biden only learned Wednesday about the Iranian hackers sending what the FBI called “stolen” information from the Trump campaign to individuals associated with his campaign.
“We learned about the statement yesterday, and the president has been made aware of it now,” White House press secretary Karine Jean-Pierre said Thursday. “You’ve seen us take actions to hold accountable those who week to undermine confidence in our democracy, and we will continue to do so.”
Harris’ campaign said Wednesday that it has cooperated with law enforcement and the investigation into the messages and said it was “not aware of any material being sent directly to the campaign.”
“A few individuals were targeted on their personal emails with what looked like a spam or phishing attempt,” Harris campaign spokesperson Morgan Finkelstein said in a statement Wednesday.
Trump’s campaign said hackers are interfering to help Harris and Biden “because they know President Trump will restore his tough sanctions and stand against their reign of terror.”
Iran’s Mission to the United Nations called the intelligence agencies’ findings “fundamentally unfounded, and wholly inadmissible.”
ABC News’ Selina Wang, Jack Date and Luke Barr contributed to this report.
(WASHINGTON) — Former President Donald Trump said Sunday that he doesn’t see himself running for president again if he loses in November.
“No, I don’t. No, I don’t,” Trump responded to Sinclair Broadcast Group’s “Full Measure” host Sharyl Attkisson’s question about another run. “I don’t see that at all. I think that, hopefully, we’re going to be successful,” he said.
With President Joe Biden’s withdrawal from the 2024 election, Trump is now the oldest presidential nominee in history as age and mental acuity have become focal points in this year’s election cycle.
During his third presidential bid, Trump has balanced his courtroom appearances in the four criminal cases he faces with campaign stops.
As he lays out the stakes for the 2024 election, Trump often emphasizes his point by describing the turmoil that has he and his campaign have faced over the course of the cycle.
“I didn’t need this. I had a very nice life. I didn’t need to go through court systems and go through all the other stuff and run at the same time,” Trump told tech entrepreneur Elon Musk during a livestream conversation in August when asked why he decided to launch another presidential bid.
“But if I had to do it over again, I would have done it over again, because this is so much more important than me or my life,”
Trump was also asked about the possibility of Tulsi Gabbard or Robert F. Kennedy Jr., two former Democrats that have become surrogates for the Trump campaign, serving in his cabinet during a potential second administration and claimed that he made no promises to them.
“It doesn’t mean anything. It means it could be, but I didn’t make deals with anybody,” Trump said about when asked about Kennedy serving as Health and Human Services secretary, as Kennedy’s former running mate Nicole Shanahan suggested. “It’s not appropriate to do it. It’s too early.”
Trump briefly talked about unity after an assassination attempt in Butler, Pennsylvania, in July, but now blames rhetoric from Democrats for political violence.
“They are a danger. They’re destroying our country,” Trump said in the interview which aired Sunday.
Trump again repeated his claims that he feels that “only consequential” presidents are in danger as he talked about the close call he had with a would-be shooter on his golf course in Florida last week.
“Well, I think we just have to do what you have to do,” he said, praising his Secret Service protection.
“I think that I will feel safe I think I’m going to feel safe.”
“I can’t be scared, because if you’re scared, you can’t do your job, so I just can’t be I have, thus far, had somebody protecting me,” he said.