A judge in Pennsylvania ruled that Elon Musk’s political action committee Voters draw $1 million per day could continue through Tuesday’s presidential election.
Common Pleas Court Judge Angelo Foglietta did not immediately give reasons for the decision.
In court Monday, Musk’s lawyer said the recipient of the gift was not chosen on purpose, but instead was a spokesperson for his super PAC, America PAC.
Musk’s attorney Chris Gober said the last two recipients before Tuesday’s presidential election will be in Arizona on Monday and Michigan on Tuesday.
Gober said the “winners” of the prize were chosen based on their personal stories, and that they signed a contract with America PAC to serve as spokespeople.
“The $1 million recipient was not chosen by chance,” Gober said Monday. “We know exactly who will be announced as the recipient of $1 million today and tomorrow.”
Musk was again absent from court on Monday, a day before the 2024 presidential election. Last week, the billionaire did not appear in court despite a judge’s order “all parties must be present.“
Philadelphia District Attorney Larry Krasner filed a civil suit against Musk and his super PAC, alleging $ 1 million steps to try to influence voters in the election.
Krasner called the sweepstakes a scam that violated state election laws and called for it to be shut down.
Chris Young, director of America PAC, testified that recipients are vetted first, to “get a feel for their personality, (and) make sure they are people who align with the values” of the group.
The disclosure prompted lawyers for Krasner to call the effort a “scam” that was “designed to influence a national election.”
Musk’s lawyers, in closing arguments, called it a “core political speech” as attendees signed petitions supporting the US Constitution. He said Krasner’s legal bid to close the sweepstakes under Pennsylvania law is void because there will be no more Pennsylvania winners before the program ends Tuesday.
Krasner believes that it violates the country’s election law and contradicts what Musk promised when he announced the gift during the campaign campaign of Republican presidential candidate Donald Trump in Harrisburg, Pennsylvania, on October 19: “We will randomly award a million dollars to people who have signed the petition every day from now until the election,” Musk vowed.
Young also acknowledged that PAC made recipients sign nondisclosure agreements.
In an Oct. 20 social media post shown in court, Musk said anyone who signs the petition has a “daily chance to win $1M!”
Summers grilled him on Musk’s use of two words “chance” and “random,” prompting Young, who also serves as the PAC’s treasurer, to concede the latter is not “the word I would choose.”
Young said the winners know that they will be called on stage but not specifically that they will win money.
“They can’t reveal the truth about how they got their money, can they?” asked Krasner’s attorney John Summers.
“Sounds right,” Young said.
Krasner took the witness stand Monday and called the law a fraud as he asked the judge to shut it down. Foglietta plans to rule after a short lunch break.
“This is all political marketing masquerading as a lottery,” Krasner testified. “This is it. 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 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 unclear if anyone made any money.
PAC promised to get it on November 30, according to exhibits shown in court.
More than 1 million people from seven states have registered to vote by signing petitions saying they support the right to free speech and bear arms, the first two amendments to the US Constitution.
Krasner asked how the PAC could use the data, which it will do before the election.
“They were tricked for that information,” Krasner said. “It has almost unlimited use.”
Summers said Musk is “the heartbeat of America’s PAC,” and the person who announces winners and hands out checks.
“He was the one who gave me the check, even if it was a big cardboard check,” Summers said. “We don’t know if there is an actual investigation.”
Foglietta led the case at Philadelphia City Hall after Musk and The PAC lost its attempt to go to federal court.
Krasner said he could still consider criminal charges, because he has a duty to protect the lottery and the integrity of the election. In the lawsuit, it says the defendants “undoubtedly violated” Pennsylvania’s lottery laws.
Pennsylvania remains a key battleground state with 19 electoral votes and Trump and Democratic Vice President Kamala Harris have visited the state repeatedly, including stop planning there in the final hours of the campaign.
Krasner — who noted that he has been driving a Tesla for a long time — said he may also seek civil damages against the Pennsylvania registrant. Musk owns Tesla along with the social media platform X, where the America PAC has published posts on sweepstakes, and rocket ship maker SpaceX.
The Associated Press contributed to this report.
Joe Holden
