A Pennsylvania judge ruled Monday that Elon Musk's high-profile $1 million-a-day giveaway targeting voters in key swing states can proceed, despite legal challenges from local officials who claim it resembles an illegal lottery designed to sway the presidential election. The decision comes as Musk's America PAC wraps up a month-long effort to mobilize voter turnout in battleground states with cash prizes awarded daily to participants who sign a petition in support of the First and Second Amendments.
The ruling, issued by Philadelphia Court of Common Pleas Judge Angelo Foglietta, came after an intense hearing where both sides presented arguments on whether the initiative is legitimate voter outreach or a violation of state election laws. Philadelphia District Attorney Larry Krasner, a Democrat, had sought an injunction to halt the program, alleging that Musk's PAC was essentially running an unlicensed lottery in Pennsylvania. "This was all political marketing masquerading as a lottery," Krasner told the court. Musk's legal team countered that the program was a form of protected "core political speech," noting that the winners were chosen as spokespersons based on their alignment with the PAC's values, rather than by chance.
The voter sweepstakes has drawn criticism from several quarters. The initiative, launched on Oct. 19, requires participants to register by signing a petition affirming support for free speech and gun rights. Each day, one person receives $1 million after being selected, with the final two winners chosen from Arizona and Michigan. Krasner's lawsuit argued that Musk initially misled the public by describing the giveaway as a random lottery, using words like "chance" and "randomly" in public appearances and online promotions. However, testimony in court revealed that recipients were actually pre-selected based on their suitability to represent the PAC's agenda.
Chris Young, director and treasurer of America PAC, testified that he selected winners who appeared in promotional videos for the PAC and signed non-disclosure agreements. Young told the court, "The $1 million recipients are not chosen by chance. We know exactly who will be announced as the $1 million recipient today and tomorrow." Musk's PAC maintains that these winners are vetted as "spokespeople" rather than lottery winners, thus circumventing the legal definition of a lottery. Musk's attorney, Andy Taylor, argued, "They're trying to restrain citizens of Pennsylvania from signing a free speech and right to bear arms petition."
However, Krasner's team painted a different picture, arguing that the campaign "scammed" participants by promoting the chance to win a large cash prize. "If their story is true, it's one of the greatest scams of the last 50 years," said John Summers, a lawyer representing Krasner. He underscored Musk's own words during a campaign event in Harrisburg, Pennsylvania, where the tech billionaire reportedly said winners would be "randomly" selected from petition signers.
The giveaway has already dispersed $16 million across states such as Wisconsin, Nevada, Arizona, Georgia, North Carolina, and Michigan. Krasner has questioned whether the winners have actually received their payments, with a PAC exhibit shown in court promising recipients would be paid by November 30. Court documents also revealed that the winners were required to sign non-disclosure agreements, fueling suspicions that the program was designed more for data collection than voter empowerment.
The legal battle has unfolded amid an intensely competitive presidential race, where both parties are vying for Pennsylvania's 19 electoral votes, a state that has emerged as a critical battleground. Both President Trump and Vice President Kamala Harris have campaigned heavily in the state, underscoring its importance in the election. Musk, a vocal supporter of Trump's campaign, has personally invested over $70 million in America PAC, making it a crucial vehicle for the GOP's voter outreach efforts.
America PAC's use of a petition as the entry requirement for the $1 million giveaway has attracted additional scrutiny, with some questioning its implications for federal election law. According to reports, the U.S. Department of Justice has warned the PAC that the initiative may violate laws prohibiting payments for voter registration, although no formal federal action has been taken to date.
Musk, CEO of Tesla and owner of the social media platform X (formerly Twitter), was not present at the hearing but has continued to promote the PAC and the sweepstakes through his platform. His company America PAC has faced significant backlash, with accusations that the initiative is exploiting voters and engaging in unethical practices.
Critics, including Krasner, argue that the campaign's approach threatens election integrity, with concerns that Musk's PAC could use voter data collected from petition signers well beyond Election Day. "They were scammed for their information," Krasner asserted, claiming the PAC now holds data on over a million voters from the seven swing states.
While Judge Foglietta allowed the giveaway to continue, Krasner suggested he may still pursue civil damages or even criminal charges. Musk's lawyers, however, emphasized that the program would conclude by Election Day and that no further winners would be drawn from Pennsylvania. Despite the decision, Krasner argued, "This decision has implications far beyond Pennsylvania."
This article includes reporting from AP and Reuters.
