A Pennsylvania state judge ruled on Monday that Elon Musk’s $1 million-a-day giveaway could continue, despite a dramatic day of testimony in which Musk’s aide admitted that the billionaire’s political group, America PAC, selected the contest winners.
With just one day left before the closely contested U.S. presidential election between Democratic Vice President Kamala Harris and Republican Donald Trump, lawyers for Musk’s pro-Trump group argued that the contest was not an “illegal lottery,” as Philadelphia District Attorney Larry Krasner had alleged.
America PAC and its director, Chris Young, told Judge Angelo Foglietta that the group awarded the funds based on which participants would best represent the PAC’s pro-Trump agenda, despite Musk’s earlier claim that the winners would be chosen randomly. Musk, who is also the CEO of Tesla, has already given away $16 million to voters in swing states who signed his political petition. On Monday, America PAC announced an Arizona winner and said it would announce the final winner, from Michigan, on Election Day.
America PAC launched the giveaway on October 19, open to registered voters in seven key battleground states—Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, and Wisconsin—who pledged to support free speech and gun rights by signing a petition.
Krasner, a Democrat, filed a lawsuit on October 28 to block the contest in Pennsylvania, claiming that the payouts violated state law and amounted to an illegal lottery with vague rules. Krasner also indicated that he would seek financial penalties.
Foglietta rejected Krasner’s request to block the giveaway, issuing a brief written order with plans to explain his reasoning at a later date. Musk’s attorney, Andy Taylor, argued that Krasner’s office was attempting to restrict Pennsylvanians’ free speech rights 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 remarks.
Musk, an outspoken Trump supporter in recent months, has used his social media platform X to promote the former president. To date, Musk has donated nearly $120 million to America PAC to fund voter mobilization and registration efforts.
The outcome in Pennsylvania is crucial, as the state’s 19 electoral votes will play a significant role in deciding which candidate secures the 270 electoral votes needed to win the presidency.
‘ONE OF THE GREATEST SCAMS’
In his defense, Musk’s legal team maintained that the giveaway was not a prize but compensation for those selected to be spokespeople for the PAC’s pro-Trump messaging. Young testified that he personally chose winners from a pool of candidates who appeared in promotional videos for the group and allowed America PAC to use their images. He based his selections on an assessment of the candidates’ social media presence and interviews outside event venues.
John Summers, a lawyer representing Krasner, seized on the admissions, arguing that the non-random nature of the giveaway made it not only an illegal lottery but also a form of fraud. “If their story is true,” Summers said in his closing remarks, “it’s one of the greatest scams of the last 50 years.”
Summers also presented a video clip from an October 19 Trump rally, where Musk stated that America PAC would randomly select $1 million winners from petition signers. In the video, Musk clarified that the winners would be asked to serve as spokespeople for the PAC.
Young expressed surprise at Musk’s characterization of the contest as random, adding that winners had signed non-disclosure agreements that barred them from discussing the terms of the giveaway.
The legal situation surrounding the giveaway exists in a gray area of election law. Legal experts remain divided on whether Musk’s actions violate federal laws against paying people to register to vote. The U.S. Department of Justice has reportedly warned America PAC that the contest could violate federal law, although federal prosecutors have yet to take any public action.
Musk’s super PAC plays a significant role in the Trump campaign’s voter mobilization efforts, which are crucial in what is expected to be a tightly contested election.
