PHILADELPHIA (AP) — A lawyer for Elon Musk’s political action committee told a Philadelphia judge Monday that the so-called “winners” of his $1 million-a-day election campaign in swing states are not chosen by chance but are instead chosen to become paid ‘spokespersons’ for the group.
GOP attorney Chris Gober also said the recipients on Monday and Tuesday will come from Arizona and Michigan, respectively, and therefore will have no impact on Pennsylvania’s elections. He said recipients are chosen based on their personal stories and sign a contract with the political organization America PAC.
“The $1 million recipients were not chosen by chance,” Gober said Monday. “We know exactly who will be announced today and tomorrow as the recipient of $1 million.”
Musk did not attend the hearing, which was held the day before the presidential election. Philadelphia District Attorney Larry Krasner took the witness stand Monday and called the sweepstakes a scam while asking the judge to shut it down.
America PAC hopes the lottery will help Donald Trump’s presidential campaign. Krasner said 18 awards have been announced so far.
Lawyers for Musk and his America PAC confirmed to the judge that they do not plan to extend the lottery beyond Tuesday.
However, Krasner called it an illegal lottery under Pennsylvania law, with no published rules or privacy policies governing the information the PAC collects about voters who sign an oath to the U.S. Constitution when they register for the lottery.
“They were defrauded because of their information,” Krasner testified Monday. “It can be used almost indefinitely.”
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. We don’t really know if there are any real controls in place,” Summers said.
Common Pleas Court Judge Angelo Foglietta presided over the case at Philadelphia City Hall after Musk and the PAC lost an attempt to move the case 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 planned stops on Monday in the final hours of the campaign.
