On Monday, a Pennsylvania state judge approved a $1 million daily giveaway by Tesla CEO Elon Musk, intended for voters in swing states just one day before the highly anticipated U.S. presidential election between Democratic candidate Kamala Harris and Republican Donald Trump, whom Musk supports.
Since October 19, Musk has been awarding a $1 million check daily to a voter from swing states who signs a petition supporting free speech and gun rights, amounting to $16 million distributed so far. The giveaway’s final winner will be announced on Election Day, according to Musk’s legal team.
Philadelphia District Attorney Larry Krasner challenged the promotion, labeling it a “scam” that violates state election law and pushing to halt the initiative. Musk’s attorneys countered by asserting that recipients aren’t chosen randomly but are instead pre-selected to act as spokespeople for the cause.
“This isn’t a random sweepstakes,” said Musk’s attorney Chris Gober. “Each recipient is carefully chosen to align with the group’s values.”
The giveaway, limited to registered voters in seven key states—Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, and Wisconsin—is under legal scrutiny in Philadelphia, a critical battleground that could decide the outcome of the election with its 19 electoral votes.
Chris Young, director of America PAC, testified that winners are vetted in advance to ensure they align with the PAC’s principles. This revelation led a lawyer for Krasner to argue the sweepstakes was engineered to influence the election.
In their closing arguments, Musk’s lawyers argued the campaign is protected as “core political speech” and suggested Krasner’s efforts to shut it down under state law are moot, as the program ends before any further Pennsylvania winners are chosen.
Krasner noted that Musk initially promised the giveaway would be random, but Young acknowledged in court that winners had to sign nondisclosure agreements, preventing them from fully disclosing how they received the funds.
More than a million people across the seven states have registered by signing the petition in support of free speech and gun rights. Krasner voiced concerns that the PAC would retain this voter data well after the election, potentially misusing it.
Krasner’s attorney, John Summers, emphasized that Musk is the main figure behind America PAC, frequently seen presenting the checks. He questioned the transparency of the process, saying, “We don’t even know if there are any real checks involved.”
Judge Angelo Foglietta is overseeing the case at Philadelphia City Hall after Musk’s team unsuccessfully attempted to move it to federal court. Krasner has suggested he may pursue criminal charges, aiming to uphold Pennsylvania’s election and lottery integrity, and may also seek civil damages on behalf of Pennsylvania registrants.
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