Judge denies Philadelphia District Attorney Larry Krasner's request to block Elon Musk's giveaway

PHILADELPHIA — The $1 million-a-day election run by Elon Musk’s political action committee in swing states can continue through Tuesday’s presidential election, a Pennsylvania judge ruled Monday in Philadelphia.

Common Pleas Court Judge Angelo Foglietta — who ruled after Musk’s lawyers said winners are not chosen by chance — did not immediately give a reason for the ruling.

Philadelphia District Attorney Larry Krasner had called the police sweepstakes, a scam that violates state election law and asked for its closure.

The sweepstakes winners did not win by chance but are instead paid spokespeople for the group, Musk’s lawyers said in court Monday.

Musk attorney 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 were 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 of America PAC, testified that recipients are vetted in advance to “get a feel for their personality and make sure they were someone whose values aligned” with the group.

The revelations prompted an attorney for District Attorney Larry Krasner to call the effort a “scam” that is “designed to actually influence national elections.”

Musk’s lawyers concluded their argument by calling it a “core political speech” as participants sign a petition endorsing the U.S. Constitution. They said Krasner’s legal bid to end the sweepstakes under Pennsylvania law was moot because there would be no more winners in Pennsylvania before the program ends Tuesday.

Krasner believes the giveaways violate state election law and contradict what Musk promised when he announced them during an appearance with Republican presidential candidate Donald Trump’s campaign in Harrisburg, Pennsylvania, on October 19: We’re going to award $1 million randomly to people who sign the petition every day from now until the election,” Musk vowed.

Young also acknowledged that the PAC had the recipients sign non-disclosure agreements.

“They couldn’t really reveal the truth about how they got the money, could they?” asked Krasner attorney John Summers.

“Sounds good,” Young said.

In an Oct. 20 social media post shown in court, Musk said anyone who signed the petition had “a daily chance to win $1 million!”

Summers blasted him over Musk’s use of both the words “coincidental” and “random,” prompting Young, who also serves as the PAC’s treasurer, to admit that the latter was not “the word I would have chosen.”

Young said the winners knew they would be called on stage, but not specifically that they would win the money.

Musk was not present at the hearing. He has pledged more than $70 million to the super PAC to help Trump and other Republicans win in November.

“This was all political marketing disguised as a lottery,” Krasner testified Monday morning. ‘That’s it. A riot.’

Your voice, your voice: View the 6abc Voter Guide for Pa., NJ and Del.

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 Oct. 21 voter registration deadline.

Other winners came from the battleground states of Wisconsin, Nevada, Arizona, Georgia, North Carolina and Michigan. It is not clear whether anyone has received the money yet. The PAC promised they would get it by November 30, according to a piece of evidence shown in court.

More than 1 million people from the seven states have registered for the lottery by signing a petition saying they support the rights to free speech and to bear arms, the first two amendments to the U.S. Constitution. Krasner wondered how the PAC could use their data, which they will have on hand well after the election.

“They were defrauded because of their information,” Krasner said. “It has virtually unlimited uses.”

Krasner’s attorney, John Summers, said Musk is “the heartbeat of America PAC,” and the person who announces the winners and delivers the checks.

“He was the one who handed over the checks, albeit large cardboard checks. We don’t really know if there are actual checks,” Summers said.

Common Pleas Court Judge Angelo Foglietta presided over the case at Philadelphia City Hall after Musk and the PAC lost an attempt to move the case to federal court.

Krasner has said he may still consider criminal charges because he is tasked with protecting both lotteries and the integrity of elections. In the lawsuit, he said the defendants “indisputably” violated Pennsylvania lottery laws.

Pennsylvania remains a key state with 19 electoral votes and both Trump and Democratic Vice President Kamala Harris have visited the state repeatedly, including planned stops on Monday in the final hours of the campaign.

Krasner — who noted that he has driven a Tesla for a long time — said he could also seek civil damages for Pennsylvania registration holders. Musk is the CEO and largest shareholder of Tesla. He also owns the social media platform X, where America PAC has published posts about the sweepstakes, and the rocket manufacturer SpaceX.