A Pennsylvania judge ruled on Monday that Elon Musk’s daily $1 million giveaway to voters may continue.
While the ruling allows the sweepstakes to proceed, its practical impact is mostly symbolic, as the promotion is set to end Tuesday on Election Day.
Philadelphia Court of Common Pleas Judge Angelo Foglietta rejected arguments from District Attorney Larry Krasner, who claimed the sweepstakes was an illegal lottery under state law and should be halted immediately.
CNN reported that the decision followed a heated all-day hearing in a packed Philadelphia courtroom, where Krasner’s team referred to Musk’s political advisors as “shysters” running a “scam” and “grift.” Musk’s team countered, accusing Krasner of violating constitutional rights.
Krasner, a progressive Democrat, filed the lawsuit a week prior. Despite his lawsuit and a Justice Department warning that the cash prizes could violate federal election laws, Musk’s pro-Trump super PAC continued the daily giveaways as the case progressed.
Musk’s legal team has described Krasner’s lawsuit as a “publicity stunt,” asserting it was motivated by Krasner’s opposition to Musk’s support for Trump.
“A lot of truth came out of court today, and it was jaw-dropping – stay tuned,” said Krasner’s spokesman Dustin Slaughter after the ruling.
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The judge’s decision addressed Krasner’s emergency motion to immediately stop the sweepstakes. The larger question of whether Musk’s giveaway is illegal under state gaming laws remains pending.
Krasner testified that his office may seek funds from Musk or his super PAC for the “victims” of what he labeled an unlawful lottery.
In court, Musk’s lawyers argued the super PAC’s selection process isn’t based on chance, and therefore isn’t a lottery.
“There is no prize to be won,” Musk attorney Chris Gober said, adding that winners “are not chosen by chance.” Instead, the $1 million is “compensation” for serving as a spokesperson for the super PAC, America PAC, with recipients selected based on their suitability to represent the group.
Krasner’s lawyer, John Summers, called this explanation “a complete admission of liability,” and Krasner testified that it was “one of the more disingenuous things I’ve ever heard.”
Musk initially framed the giveaway as a “random” $1 million award to supporters of his pro-Constitution petition, which Krasner argued was “political marketing masquerading as a lottery.”
Musk’s political advisor Chris Young testified that the super PAC intended to only provide funds to registered U.S. voters, excluding foreign nationals or those with ill intent.
Young, who serves as the PAC’s treasurer, explained that individuals who weren’t registered to vote were encouraged to verify their status.
The Justice Department has warned Musk’s pro-Trump group that its sweepstakes could violate federal election laws prohibiting cash or prize inducements for voter registration.
Elon Musk has been making cash donations to support Donald Trump and Republicans’ campaigns.
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