Elon Musk / Tesla / SpaceX / Twitter / D.O.G.E.

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I hope someone prosecutes his ass for paying voters. That shit is very illegal. Josh Shapiro knows it. If Kamala wins, DOJ needs to prosecute that motherfucker and throw his ass in jail. Don't be scared of his lawyers. They can't do anything to protect him.
He's not paying voters. He's paying people to sign a petition. Are you aware of any law against that (there may be, but I'd think it would have First Amendment problems under Citizens United).
 
He's not paying voters. He's paying people to sign a petition. Are you aware of any law against that (there may be, but I'd think it would have First Amendment problems under Citizens United).
There would not be First Am problems under Citizens United. I looked into this issue quite a bit a few years ago. I was thinking about writing on it.
 
Where do you see that?

Rick Hasen thinks it is illegal. I am not so sure. Per the linked screen grab in the post, Musk is requiring that you need to be a registered voter to sign the petition. But you don't need to be a newly registered voter.

Paying $47 per registered voter signed up would seem to be closer, but if you are paying the canvaser, and not the voter, I am note sure how that is materially different than paying voter canvasers.

Edit -- thinking about the issue some more and re-reading Hasen's post, he makes a good point that the petition lottery is limited to registered voters in 7 swing states, which suggests that the intent is to induce new registrations and not to get people to sign the petition. The petition is simply a smokescreen to give him a colorable scienter defense. Still, I think that would be a hard case to prosecute, and even if a conviction were obtained, I could see this Supreme Court ultimately reversing on First Amendment grounds.
 
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There would not be First Am problems under Citizens United. I looked into this issue quite a bit a few years ago. I was thinking about writing on it.
I just updated below. I don't think you could legally outlaw paying people to sign a petition. The registered voter issue makes it a little murkier.
 
I just updated below. I don't think you could legally outlaw paying people to sign a petition. The registered voter issue makes it a little murkier.
I don't think there is a constitutional right to pay people to sign a petition. That there is no applicable statute perhaps speaks to the perceived wisdom of such a rule, but I can't see how the First Am would bar it.

Paying a canvasser is completely different. That's an employment relationship. I don't think it's governed by the First Amendment. For instance, suppose a canvassing firm wanted to pay its canvassers below minimum wage. I don't think there would be a First Am defense to that. Do you?

Think about it in terms of practicality. It would be really, really hard to get enough signatures for ballots without paying people. It is not hard at all to get people to sign a petition without being paid. This speaks, I think, to my argument above that canvassing is an employment activity and not political activity, but you could also look at it from the perspective of strict scrutiny. A law outlawing canvassing would be broad, and perhaps unlikely to be narrowly tailored as required by any form of heightened scrutiny. A law outlawing paying for signatures is much more narrowly tailored toward the problem at hand.

I don't think it's a hard case. As you know, my experience in criminal law is limited so what I think about the difficulty of proving it isn't worth that much, but at least in theory I don't think it's hard.
 
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