A judge in Pennsylvania ruled on Monday that the political action committee belongs to Elon Musk $1 million per day voter sweepstakes could continue through Tuesday’s presidential election.
Court of Common Pleas Judge Angelo Foglietta did not immediately give a reason for the ruling.
On Monday, Musk’s lawyers said in court that the recipients of his giveaway were not chosen by chance, but to serve as spokespersons for the super PAC, America PAC.
Musk attorney Chris Gober said the final two recipients before Tuesday’s presidential election will be in Arizona on Monday and Michigan on Tuesday.
“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.”
Gober said the giveaway “winners” are chosen based on their personal stories, and they sign a contract with America PAC to serve 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 had called the lottery a scam that violated state election law and called for it to be shut down.
Chris Young, the director of America PAC, testified that recipients are vetted in advance to “get a feel for their personality and make sure they were someone whose values aligned” with the group.
The revelations prompted a lawyer for Krasner to call the effort a “scam” that is “designed to actually influence national elections.”
Musk’s lawyers concluded by calling it a “core political speech” as participants sign a petition endorsing the U.S. Constitution. They said Krasner’s legal bid to end the sweepstakes under Pennsylvania law was moot because there would be no more winners in Pennsylvania before the program ends Tuesday.
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.
Young also acknowledged that the PAC had the recipients sign non-disclosure agreements.
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!”
Summers blasted him over Musk’s use of both the words “coincidental” and “random,” prompting Young, who also serves as the PAC’s treasurer, to admit that the latter was not “the word I would have chosen.”
Young said the winners knew they would be called on stage, but not specifically that they would win the money.
“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. 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.
Other winners came from the battleground states of Wisconsin, Nevada, Arizona, Georgia, North Carolina and Michigan. 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.”
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.
Joe Holden
