A Pennsylvania state judge on Monday allowed Elon Musk’s $1 million-a-day giveaway to swing state voters to proceed, following a surprising day of testimony in which the billionaire’s aide acknowledged his political group selected the contest’s winners.
With one day remaining before the closely contested U.S. presidential election between Democratic Vice President Kamala Harris and Republican Donald Trump, lawyers for Musk’s pro-Trump America PAC sought to persuade Judge Angelo Foglietta that the contest was not an “illegal lottery,” as alleged by Philadelphia’s top prosecutor.
Lawyers for America PAC and its director, Chris Young, stated that the group distributed the funds based on who would be the best spokespersons for its pro-Trump agenda, despite Musk’s assertion that winners would be chosen randomly.
Tesla CEO Musk has already given away $16 million to registered swing state voters who qualified for the giveaway by signing his political petition. America PAC announced a winner from Arizona on Monday and indicated that the final winner, from Michigan, will be announced on Election Day on Tuesday.
America PAC launched the contest on October 19. It is open to registered voters in seven key battleground states—Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, and Wisconsin—who sign a petition pledging to support free speech and gun rights.
Philadelphia District Attorney Larry Krasner, a Democrat, filed a lawsuit on October 28 to block the contest in Pennsylvania, alleging that the payouts amounted to an illegal lottery with hazily defined rules. Krasner stated in court that he would also seek financial penalties.
Judge Foglietta denied Krasner’s bid in a brief written order and noted that he would provide his reasoning at a later time.
Musk’s attorney, Andy Taylor, accused Krasner’s office of attempting to suppress the rights of Pennsylvanians by preventing them from signing the petition.
“They’re trying to restrain citizens of Pennsylvania from signing a free speech and right to bear arms petition,” Taylor argued during his closing statement.
Musk became an outspoken supporter of Trump this year and has promoted the former president on his social media platform, X. He has contributed nearly $120 million to America PAC to bolster its voter mobilization and registration efforts, according to federal disclosures.
Pennsylvania’s 19 electoral votes are crucial in determining which candidate will secure the 270 electoral votes required to win the presidency.
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Pennsylvania judge allows Elon Musk's $1 million voter giveaway
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