Texas Lieutenant Governor’s Dan Patrick’s Unilateral Offer

This week’s Top Tens features at #5 and #4 on the two lists this article by Michael Conklin.  The article assesses the enforceability of this offer from Texas Lieutenant Government Dan Patrick (Patrick, pictured).  In short, Patrick offers a minimum of $25,000 and up to $1 million to “anyone who provides information that leads to an arrest and final conviction of voter fraud.”  There seem to be no geographic limits on the offer, so anyone who discovers evidence of voter fraud anywhere in the country should be incentivized to provide that evidence to Patrick and claim the reward (following arrest and conviction of course).  

Professor Conklin’s article explores the enforceability of the offer.  I have no doubt that this is an enforceable offer to enter into a unilateral contract.  As far as Professor Conklin (and I) could discover, the offer has not been withdrawn.  Unilateral offers can be withdrawn at any point before completed performance.  Patrick could try to withdraw at any point before arrest and conviction, but if that case came before me as a judge, I would construe the performance as completed upon delivery of the information that led to the eventual arrest and conviction of  the wrongdoer.  

According to Patrick, “The Democrats have no one to blame but themselves for creating suspicion of final vote totals.”  Perhaps so.  But the fact that nobody anywhere in the country has taken up Patrick’s offer should long ago have alleviated any such suspicion.  In fact, having gone through a personal bankruptcy in 1992, Patrick should be somewhat risk averse.  Why would he risk his own money if he thought there were a strong likelihood the widespread voter fraud affected the outcome of the 2020 Presidential election? 

Can it be that something other than concern over voter fraud motivated his press release?  Well, the press release encourages viewers to visit Patrick’s website for more information.  I could find no information on the website about voter fraud, but I did find information about how to contribute to Patrick’s “campaign war chest,” which already contains over $19 million.