A Pennsylvania state judge on Monday allowed Elon Musk’s $1 million-a-day giveaway to voters in key swing states to continue. This decision followed a surprising day of testimony in which one of Musk’s aides admitted that his political group had selected the contest’s winners.
With only a day remaining before the close US presidential election between Democratic Vice President Kamala Harris and Republican Donald Trump, Musk’s pro-Trump political action committee, America PAC, worked to convince Judge Angelo Foglietta that the contest did not constitute an “illegal lottery,” as claimed by Philadelphia’s District Attorney.
America PAC’s lawyers and its director, Chris Young, explained that the funds were allocated based on who would best represent their pro-Trump platform, despite Musk’s public claim that winners would be chosen randomly.
Tesla CEO Musk has already awarded $16 million to registered swing state voters who entered the giveaway by signing his political petition. On Monday, America PAC announced a winner from Arizona, with the final winner, from Michigan, set to be announced on Election Day.
America PAC launched the giveaway on October 19, opening it to registered voters in seven battleground states — Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, and Wisconsin — who signed a petition in support of free speech and gun rights.
Philadelphia District Attorney Larry Krasner, a Democrat, filed a lawsuit on October 28 to halt the giveaway in Pennsylvania, arguing that the payouts amounted to an illegal lottery with vaguely defined rules. Krasner also announced his intent to seek financial penalties. However, Judge Foglietta denied Krasner’s request, issuing a brief written order and indicating that he would explain his reasoning later.
Musk’s attorney, Andy Taylor, accused Krasner’s office of attempting to limit Pennsylvanians’ rights by stopping 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 in his closing statement.
Since becoming a vocal Trump supporter earlier this year, Musk has promoted the former president on his X social media platform. According to federal filings, he has contributed nearly $120 million to America PAC to support its voter mobilisation and registration campaigns.