Pennsylvania judge: Musk's $1 million-a-day voter sweepstakes can proceed
Common Pleas Court Judge Angelo Foglietta — ruling after Musk's lawyers said the winners are not chosen by chance — did not immediately give a reason for the ruling.
Philadelphia District Attorney Larry Krasner had called the sweepstakes a scam that violates state election law and asked that it be shut down.
The winners of the sweepstakes did not win by chance but are instead paid spokespeople for the group, Musk's lawyers said in court Monday.
Musk lawyer 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 are not chosen by chance," Gober said Monday. "We know exactly who will be announced as the $1 million recipient today and tomorrow."
Chris Young, the director of America PAC, testified that the recipients are vetted ahead of time, to "feel out their personality, (and) make sure they were someone whose values aligned" with the group.
The disclosures prompted a lawyer for District Attorney Larry Krasner to call the effort a "scam" that is "designed to actually influence a national election."
Musk's lawyers, in closing arguments, called it "core political speech" given that participants sign a petition endorsing the U.S. Constitution. They said Krasner's legal bid to shut down the sweepstakes under Pennsylvania law was moot because there would be no more Pennsylvania winners before the program ends Tuesday.
Krasner believes the giveaways violates state election law and contradict what Musk promised when he announced them during an appearance with Republican presidential nominee Donald Trump 's campaign in Harrisburg, Pennsylvania, on Oct. 19: "We're going to be awarding a million dollars randomly to people who have signed the petition every day from now until the election," Musk vowed.
Young also acknowledged that the PAC made the recipients sign nondisclosure agreements.
"They couldn't really reveal the truth about how they got the money, right?" asked Krasner lawyer John Summers.
"Sounds right," Young said.
In an Oct. 20 social media post shown in court, Musk said anyone signing the petition had "a daily chance of winning $1M!"
Summers grilled him on Musk's use of both the words "chance" and "randomly," prompting Young, who also serves as the PAC's treasurer, to concede the latter was not "the word I would have selected."
Young said the winners knew they would be called on stage but not specifically that they would win the money.
Musk did not attend the hearing. He has committed more than $70 million to the super PAC to help Trump and other Republicans win in November.
"This was all a political marketing masquerading as a lottery," Krasner testified Monday morning. "That's what it is. A grift."
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 state's Oct. 21 voter registration deadline.
Other winners came from the battleground states of Wisconsin, Nevada, Arizona, Georgia, North Carolina and Michigan. It's not clear if anyone has yet received the money. The PAC pledged they would get it by Nov. 30, according to an exhibit shown in court.
More than 1 million people from the seven states have registered for the sweepstakes by signing a petition saying they support the right to free speech and to bear arms, the first two amendments to the U.S. Constitution. Krasner questioned how the PAC might use their data, which it will have on hand well past the election.
"They were scammed for their information," Krasner said. "It has almost unlimited use."
Krasner's lawyer, John Summers, said Musk is "the heartbeat of America PAC," and the person announcing the winners and presenting the checks.
"He was the one who presented the checks, albeit large cardboard checks. We don't really know if there are any real checks," Summers said.
Common Pleas Court Judge Angelo Foglietta was presiding over the case at Philadelphia City Hall after Musk and the PAC lost an effort to move it to federal court.
Krasner has said he could still consider criminal charges, as he's tasked with protecting both lotteries and the integrity of elections. In the lawsuit, he said the defendants are "indisputably violating" Pennsylvania's lottery laws.
Pennsylvania remains a key battleground state with 19 electoral votes and both Trump and Democratic Vice President Kamala Harris have repeatedly visited the state, including stops planned Monday in the final hours of the campaign.
Krasner — who noted that he has long driven a Tesla — said he could also seek civil damages for the Pennsylvania registrants. Musk is the CEO and largest shareholder of Tesla. He also owns the social media platform X, where America PAC has published posts on the sweepstakes, and the rocket ship maker SpaceX.