Elon Musk must attend a Thursday hearing related to a prosecutor’s lawsuit aiming to block his $1 million-a-day giveaway to registered swing state voters ahead of the U.S. election on November 5. The hearing, presided over by Judge Angelo Foglietta, addresses Philadelphia District Attorney Larry Krasner’s effort to halt the giveaway just days before the closely contested presidential election between former President Donald Trump and Democratic Vice President Kamala Harris.
Krasner, known for his progressive stance during his campaign for district attorney, accuses Musk, a Trump supporter and CEO of Tesla, along with his political action committee, America PAC, of orchestrating an “illegal lottery scheme to influence voters.” Musk’s initiative promises to distribute $1 million daily to randomly selected individuals who sign a petition supporting free speech and gun rights. Participants must be registered voters in seven key states likely to influence the election outcome: Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, and Wisconsin.
Musk has already awarded the first $1 million to an attendee at an America PAC rally in Harrisburg, Pennsylvania, on October 19. Krasner’s lawsuit, filed on October 28, claims the giveaway constitutes an illegal lottery that the state must regulate. The lawsuit also argues that it violates consumer protection laws by using “deceptive, vague or misleading statements” about its rules.
The lawsuit states, “Running an illegal lottery and violating consumer protections is ample basis for an injunction and concluding that America PAC and Musk must be stopped immediately before the upcoming presidential election on November 5.” Neither Musk nor America PAC’s lawyers responded immediately to requests for comment.
Some legal experts suggest Musk’s giveaway could breach federal laws against paying individuals to vote or register to vote, while others argue that requiring people to sign a petition keeps him within legal boundaries. Krasner’s lawsuit, filed in Pennsylvania state court, does not claim that the giveaway violates federal law.
The U.S. Department of Justice has warned America PAC that the giveaway might contravene federal law, though federal prosecutors have not publicly acted on this warning. Musk, listed by Forbes as the world’s richest person, has donated nearly $120 million to America PAC, positioning the group as vital to Trump’s campaign for a return to the White House. This year, Musk has increasingly backed Republican causes and has become a vocal Trump supporter, with Trump indicating he would appoint Musk to lead a government efficiency commission if elected.