Elon Musk Can Continue $1 Million Voter Giveaways Through Election Day, Judge Rules
A Philadelphia judge ruled Monday that Elon Musk can continue to give away $1 million per day to registered voters in swing states. That action blocks a civil lawsuit filed last week by the city’s district attorney that alleged the X owner is engaging in unlawful election interference.
Musk lawyer Chris Gober said in court that the billionaire’s super PAC isn’t picking winners “by chance,” and therefore is not violating any laws. “There is no prize to be won and the winners “are not chosen by chance.”
Common Pleas Court Judge Angelo Foglietta has not given a reason for the ruling, according to CBS News. Court documents obtained by TheWrap state that “findings of fact and conclusions of law by this court are forthcoming.”
Philadelphia DA Larry Krasner filed suit against Musk and his America PAC on Oct. 28. The lawsuit follows the Oct. 23 warning from the Justice Department that awarding $1 million to registered voters could violate federal laws against paying voters.
Musk recently started offering $1 million per day to registered voters who sign a petition to support the First and Second Amendments. The petition targets voters in six swing states — Arizona, Nevada, Georgia, Michigan, North Carolina and Wisconsin. Republican, Democratic and Independent voters are all eligible to win, Musk said, as long as they’re registered.
“The First and Second Amendments guarantee freedom of speech and the right to bear arms,” the petition says. “By signing below, I am pledging my support for the First and Second Amendments.”
Brad Smith, the former chairman of the Federal Election Commission, told The New York Times on Oct. 20 that Musk was in “something of a gray area,” but that it ultimately was “not that close to the line.”
U.S. election law states that anyone who “pays or offers to pay or accepts payment either for registration to vote or for voting” faces up to five years in prison and a $10,000 fine.
“He’s not paying them to register to vote. He’s paying them to sign a petition — and he wants only people who are registered to vote to sign the petition,” Smith said. “So I think he comes out OK here.”
Musk has supported GOP presidential nominee Donald Trump at a number of recent rallies, including last weekend at Madison Square Garden in New York City. So far, the tech billionaire has given $75 million to Trump’s campaign, according to NPR.
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