Can Elon Musk run for president?

Elon Musk has made it crystal clear that he intends to be a player in the political process moving forward—and Donald Trump called him a “new star” in his victory speech early Wednesday morning. That has some people wondering about the extent of Musk’s political ambitions.

“Let me tell you, we have a new star,” said Trump. “A star is born—Elon. He’s an amazing guy.”

Musk and Trump had an antagonistic relationship during Trump’s first term, so whether they’ll remain as close for the next four years as they are right now is anyone’s guess. But the Trump blessing, along with Musk’s posting of a photoshopped image of himself entering the Oval Office with the prop gag bathroom sink he carried into Twitter’s offices in 2022 have raised questions about how deep into government Musk wants to go—and how far he actually can go. Here’s what you need to know.

Could Elon Musk run for president?

Run for president? Yes. Anyone can launch a campaign. Serve as president? No.

The Constitution is clear that U.S. presidents must be natural-born citizens of the United States (as well as at least 35 years old and a resident of the U.S. for the past 14 years). There’s a slight gray area when it comes to “natural-born,” though. John McCain, for instance, was born in the Panama Canal Zone, but it was on a military base (while his father was stationed there by the Navy), giving him natural-born status.

Musk is a non-native citizen, who was born in South Africa, so there is no gray area. He also holds citizenship in Canada, thanks to his Canadian-born mother. He acquired his U.S. citizenship in 2002. 

Could Elon Musk hold a cabinet position?

Yes. While presidents and vice presidents have to be native-born citizens, no other federal officials have that same qualification. So Musk could hold almost any other post.

Several nonnatural-born citizens have held prominent cabinet positions in the past. Most famous among those were German-born Henry Kissinger, who was secretary of state in the Nixon and Ford administrations, and Madeleine Albright, secretary of state from 1997 to 2001, who was born in the Czech Republic. Former labor secretary Elaine Chao was born in Taiwan. All totaled, there have been 23 Cabinet members who were born outside of the U.S.

It’s worth noting, however, that while Trump at one point said he would “certainly” consider giving Musk a cabinet position, he later amended that to say “he’s running big businesses and all that, so he can’t really—I don’t think he’d be [free for] the cabinet.”

Would he have to give up ownership of his businesses for a role in the Trump administration?

Possibly not. Government officials are required to file public financial disclosure reports in connection with their nominations—and the Office of Government Ethics (OGE) and agency ethics officials identify and resolve potential conflicts of interests. Typically, cabinet members will divest themselves of stock or other financial interests that could constitute a conflict. Trump, though, did not divest any of his businesses in his first term (though he “handed the reins” to his eldest sons), nor is he expected to in his upcoming second term, despite criticisms over conflicts of interest. And several cabinet members in the first Trump administration were also criticized for perceived conflicts, including Chao, and former Treasury Secretary Steven Mnuchin.

Would Musk’s government contracts constitute a conflict of interest if he serves in the Trump administration?

That depends on whom you ask. Certainly, a case could be made that the extensive government contracts that are held by SpaceX (worth more than $4 billion) and its subsidiary Starlink (worth at least $1.8 billion) could present a conflict of interest in whatever role, if any, Musk takes with the Trump administration. But the decision that matters most about that comes from the Office of Government Ethics. The director of that office is appointed by the president and approved by the Senate (where Trump will have a Republican majority).

The House and Senate can launch ethics hearings; but those, more often than not, are political theater more than events with consequences.

Does Elon Musk need approval for his proposed Department of Government Efficiency (DOGE) role?

On election night, Musk retweeted an image that labeled him the CTO of the USA. Trump has also said many times he wants Musk to head the “Department of Government Efficiency,” which will slash government spending. (Musk has said he thinks he can cut $2 trillion—and his axe-swinging at Twitter, where 70% of workers were fired, shows he may be willing to be brutal in cost cutting. That could result in cuts to popular programs like health insurance, Medicare, and Social Security.)

There is no such department today, so if Musk does, in fact, lead “DOGE,” he would likely not have to go through a confirmation hearing with the Senate.

Will Elon Musk’s political action committee remain active?

Musk’s America PAC used $118 million of Musk’s own money to support Trump’s campaign. And Musk has made it clear he intends to continue his role as kingmaker. The political action committee “is going to keep going after this election, and prepare for the midterms and any intermediate elections,” Musk said on a live stream on X. America PAC “is going to aim to weigh in heavily” in midterm elections, he added.

That $118 million was well spent. Musk’s stake in Tesla has grown by $32.5 billion since the markets closed on Election Day, as the stock price has jumped more than 20%.

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