Elon Musk’s $1 million-a-day voter sweepstakes can proceed, a
Pennsylvania judge says
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[November 05, 2024]
By MARYCLAIRE DALE
PHILADELPHIA (AP) — The $1 million-a-day voter sweepstakes that Elon
Musk 's political action committee is hosting in swing states can
continue through Tuesday’s presidential election, a Pennsylvania judge
ruled Monday.
Common Pleas Court Judge Angelo Foglietta — ruling after Musk’s lawyers
said the winners are paid spokespeople and not chosen by chance — did
not immediately explain his reasoning.
District Attorney Larry Krasner, a Democrat, had called the process a
scam “designed to actually influence a national election” and asked that
it be shut down.
Musk lawyer Chris Gober said the final two recipients before Tuesday's
presidential election will be in Arizona on Monday and Michigan on
Tuesday.
“The $1 million recipients are not chosen by chance," Gober said Monday.
“We know exactly who will be announced as the $1 million recipient today
and tomorrow.”
Chris Young, the director and treasurer of America PAC, testified that
the recipients are vetted ahead of time, to “feel out their personality,
(and) make sure they were someone whose values aligned” with the group.
Musk’s lawyers, defending the effort, called it “core political speech”
given that participants sign a petition endorsing the U.S. Constitution.
They also said Krasner's bid to shut it down under Pennsylvania law was
moot because there would be no more Pennsylvania winners before the
program ends Tuesday.
Krasner believes the giveaways violates state election law and
contradict what Musk promised when he announced them during an
appearance with Republican presidential nominee Donald Trump 's campaign
in Harrisburg, Pennsylvania, on Oct. 19: “We’re going to be awarding a
million dollars randomly to people who have signed the petition every
day from now until the election,” Musk vowed.
Young also acknowledged that the PAC made the recipients sign
nondisclosure agreements.
“They couldn’t really reveal the truth about how they got the money,
right?” Summers asked.
“Sounds right,” Young said.
In an Oct. 20 social media post shown in court, Musk said anyone signing
the petition had “a daily chance of winning $1M!”
Summers grilled him on Musk's use of both the words “chance” and
“randomly," prompting Young to concede the latter was not “the word I
would have selected.”
Young said the winners knew they would be called on stage but not
specifically that they would win the money.
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America PAC lawyer Chris Gober speaks with members of the media
ahead of a hearing at a City Hall courtroom in Philadelphia, Monday,
Nov. 4, 2024. (AP Photo/Matt Rourke)
Musk did not attend the hearing. He has committed more than $70
million to the super PAC to help Trump and other Republicans win in
November.
“This was all a political marketing masquerading as a lottery,”
Krasner testified Monday. “That’s what it is. A grift.”
Lawyers for Musk and the PAC said they do not plan to extend the
lottery beyond Tuesday. Krasner said the first three winners,
starting on Oct. 19, came from Pennsylvania in the days leading up
to the state's Oct. 21 voter registration deadline.
Other winners came from the battleground states of Wisconsin,
Nevada, Arizona, Georgia, North Carolina and Michigan. It's not
clear if anyone has yet received the money. The PAC pledged they
would get it by Nov. 30, according to an exhibit shown in court.
More than 1 million people from the seven states have registered for
the sweepstakes by signing a petition saying they support the right
to free speech and to bear arms, the first two amendments to the
U.S. Constitution. Krasner questioned how the PAC might use their
data, which it will have on hand well past the election.
“They were scammed for their information,” Krasner said. “It has
almost unlimited use.”
Krasner's team called Musk “the heartbeat of America PAC,” and the
person announcing the winners and presenting the checks.
“He was the one who presented the checks, albeit large cardboard
checks. We don’t really know if there are any real checks,” Summers
said.
Foglietta presided over the case at Philadelphia City Hall after
Musk and the PAC lost an effort to move it to federal court.
Krasner has said he could still consider criminal charges, as he’s
tasked with protecting both lotteries and the integrity of
elections.
Pennsylvania remains a key battleground state with 19 electoral
votes and both Trump and Democratic Vice President Kamala Harris
have repeatedly visited the state, including stops planned Monday in
the final hours of the campaign.
Krasner — who noted that he has long driven a Tesla — said he could
also seek civil damages for the Pennsylvania registrants. Musk is
the CEO and largest shareholder of Tesla. He also owns the social
media platform X, where America PAC has published posts on the
sweepstakes, and the rocket ship maker SpaceX.
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