An attorney for Elon Musk’s political action committee, America PAC, told a Philadelphia court judge Monday that the recipients of his $1 million per day voter sweepstakes are not chosen by chance, but to serve as spokespersons for the super PAC.
GOP attorney Chris Gober said the giveaway “winners” are chosen based on their personal stories, and they sign a contract with America PAC to act as spokespersons.
“The $1 million recipients were not chosen by chance,” Gober said Monday. “We know exactly who will be announced as the recipient of $1 million today and tomorrow.”
Musk again failed to show up in court on Monday, the day before the 2024 presidential election. Last week, the billionaire failed to appear in court despite a judge’s order that “all parties must be present.“
Philadelphia District Attorney Larry Krasner has filed a request civil lawsuit against Musk and his super PAC, claiming the $1 million lottery is trying to influence voters in the election.
Krasner believes this violates state election law and contradicts what Musk promised when he announced the giveaways during an appearance with Republican presidential candidate Donald Trump’s campaign in Harrisburg, Pennsylvania, on October 19: We will randomly award $1 million to people who sign the petition every day from now until the election,” Musk vowed.
In testimony Monday afternoon, Krasner’s attorney questioned a PAC official about the use of the words “coincidence” and “random.” Musk used both words to describe the giveaways.
Chris Young, the PAC’s treasurer, agreed that he was surprised Musk announced the prizes would be awarded “randomly.”
“It’s not the word I would have chosen,” he said.
He said he knew in advance who the recipients would be, and that the individuals at least knew they would be called on stage — but were not specifically told they would win the money.
In an Oct. 20 social media post shown in court, Musk said anyone who signed the petition had “a daily chance to win $1 million!”
Gober had argued Monday that the word “random” is not synonymous with “coincidence,” a statement Krasner called “absurd.”
Young also acknowledged that the PAC had the recipients sign non-disclosure agreements.
“They couldn’t really reveal the truth about how they got the money, could they?” asked Krasner attorney John Summers.
“Sounds good,” Young said.
Krasner took the witness stand Monday and called the lottery a scam as he asked the judge to shut it down. Judge Angelo Foglietta planned to rule after a short lunch break.
“This was all political marketing disguised as a lottery,” Krasner testified. ‘That’s it. A riot.’
Lawyers for Musk and the PAC said they do not plan to extend the lottery beyond Tuesday.
Krasner said the first three winners, starting on Oct. 19, came from Pennsylvania in the days leading up to the Oct. 21 voter registration deadline. It is not clear whether anyone has received the money yet.
The PAC promised they would get it by November 30, according to a piece of evidence shown in court.
More than 1 million people from the seven states have registered for the lottery by signing a petition saying they support the rights to free speech and to bear arms, the first two amendments to the U.S. Constitution.
Krasner wondered how the PAC could use their data, which they will have on hand well after the election.
“They were defrauded because of their information,” Krasner said. “It has virtually unlimited uses.”
Krasner’s attorney, John Summers, said Musk is “the heartbeat of America PAC,” and the person who announces the winners and delivers the checks.
“He was the one who handed over the checks, albeit large cardboard checks,” Summers said. “We don’t really know if there are any real controls in place.”
Foglietta presided over the case at Philadelphia City Hall after Musk and the… PAC lost an attempt to take it to federal court.
Krasner has said he may still consider criminal charges because he is tasked with protecting both lotteries and the integrity of elections. In the lawsuit, he said the defendants “indisputably” violated Pennsylvania lottery laws.
Pennsylvania remains a key state with 19 electoral votes and both Trump and Democratic Vice President Kamala Harris have visited the state repeatedly, including stops scheduled on Monday in the final hours of the campaign.
Krasner — who noted he has driven a Tesla for a long time — said he could also seek civil damages for Pennsylvania registrants. Musk owns Tesla along with the social media platform X, where America PAC has published posts about the sweepstakes, and the rocket manufacturer SpaceX.
The Associated Press contributed to this report.
