Elon Musk’s controversial $1 million daily voter giveaway can continue, a Pennsylvania judge ruled, dealing a blow to critics who claim the program is an illegal lottery.
At a Glance
- Judge Angelo Foglietta dismissed Philadelphia DA Larry Krasner’s attempt to block Musk’s giveaways
- Musk’s lawyers argued winners are not randomly selected, but chosen based on alignment with America PAC values
- Since October 19, Musk has given away $16 million to voters supporting freedom of speech and the right to bear arms
- The final prize winner is set to be announced on Election Day
- Critics, including Krasner and Governor Josh Shapiro, have raised concerns about the program’s legality
Judge Allows Musk’s Giveaway to Continue
A Philadelphia judge has ruled that Elon Musk’s $1 million daily giveaways to swing state voters can continue, rejecting an attempt by Philadelphia District Attorney Larry Krasner to block the program. The decision marks a significant victory for Musk’s America PAC and its controversial voter engagement strategy.
Judge Angelo Foglietta of the Philadelphia County Common Pleas Court dismissed Krasner’s request after hearing arguments from both sides. Musk’s legal team successfully argued that the giveaways do not constitute an illegal lottery, as winners are not chosen by chance but based on specific criteria.
A Pennsylvania judge allowed Elon Musk’s $1 million-a-day giveaway to swing state voters to proceed. The ruling comes a day before the tightly contested US presidential election between Kamala Harris and Donald Trump, Musk’s favored candidate https://t.co/KklXcucwxD pic.twitter.com/7CNcf01sv8
— Reuters (@Reuters) November 5, 2024
Selection Process and Criticism
According to Musk’s attorneys, the $1 million recipients are carefully selected based on their alignment with America PAC’s values, particularly support for freedom of speech and the right to bear arms. This claim directly counters the notion that the giveaway is a random lottery.
“The $1 million recipients are not chosen by chance,” attorney Chris Gober told the court, adding, “We know exactly who will be announced as the $1 million recipient today and tomorrow.”
Despite this explanation, critics remain skeptical. DA Krasner has been particularly vocal in his opposition, characterizing the program as a “grift” and a marketing scheme disguised as a lottery. “This was all a political marketing masquerading as a lottery,” the DA said. “That’s what it is. A grift.”
Political Implications and Legal Concerns
The giveaway program, which has distributed over $17 million since its inception on October 19, has attracted significant attention due to its potential impact on the presidential election. Musk, a vocal supporter of Donald Trump, plans to announce the final prize winner on Election Day, further fueling speculation about the program’s political motivations.
The U.S. Department of Justice previously warned Musk that the giveaways might violate laws against paying people to register or vote. Additionally, Democratic Pennsylvania Governor Josh Shapiro has suggested the possibility of a law enforcement investigation.
Despite these challenges, Musk’s team maintains that halting the giveaways would violate the political speech rights of prize recipients, who become paid spokespeople for America PAC upon winning. This argument appears to have resonated with Judge Foglietta and provided a significant boost to the Trump campaign in the run up to the election.
