A judge in Pennsylvania has allowed Elon Musk’s daily giveaway to continue until the November 5 election, rejecting the district attorney’s request to block it as an “illegal lottery.”
On October 19, the CEO of X, SpaceX and Tesla announced that he would give $1 million each day to a registered voter in a swing state who signs his petition defending “free speech and the right to bear arms.” He presented the first check during a rally in Harrisburg, Pennsylvania that same day, stating the giveaway would run until the election.
Philadelphia District Attorney Larry Krasner, a Democrat, filed a civil lawsuit accusing the entrepreneur of running an “illegal lottery.”
According to the lawsuit, Elon Musk's political action committee America PAC, and the tycoon himself, “are lulling Philadelphia citizens – and others in the Commonwealth (and other swing states in the upcoming election) – to give up their personal identifying information and make a political pledge in exchange for the chance to win $1 million.”
America PAC attorney Chris Gober argued that despite Musk describing the giveaway as random, the program does not constitute a lottery.
“There is no prize to be won; instead, recipients must fulfil contractual obligations to serve as spokespersons for the PAC,” Gober said at a hearing before Common Pleas Court Judge Angelo Foglietta on Monday.
Krasner’s office called Gober’s statement a “complete admission of liability,” with lawyer John Summers arguing during the hearing that Musk and the PAC have deceived thousands of Philadelphians by being intentionally opaque about the details surrounding the giveaways.
Musk, who previously positioned himself as politically neutral, publicly endorsed the Republican nominee shortly after the failed assassination attempt on Trump on July 13. Last month, the US-based billionaire revealed he had donated $75 million to America PAC, which he founded in July. The organization aims to bolster turnout for Trump in swing states.
On the eve of the election, Republican Donald Trump and Democrat Kamala Harris are deadlocked in key battleground states, with polls suggesting neither has an advantage greater than two points.