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A Pennsylvania judge ruled Monday that Elon Musk's $1 million-a-day voter sweepstakes can continue through the upcoming presidential election. The decision came from Common Pleas Court Judge Angelo Foglietta, following arguments from Musk’s legal team that the winners are paid spokespeople rather than randomly selected participants. However, the judge did not provide an explanation for his ruling.
The sweepstakes, organized by Musk's political action committee, has faced scrutiny from District Attorney Larry Krasner, who described it as a scam aimed at influencing the national election and called for its cessation. In response, Musk's attorney Chris Gober stated that the final two recipients would be selected in Arizona on Monday and Michigan on Tuesday.
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Gober emphasized that the winners of the $1 million prizes are not chosen randomly. “We know exactly who will be announced as the $1 million recipient today and tomorrow,” he said. Chris Young, the director and treasurer of America PAC, further clarified that recipients undergo a vetting process to ensure their values align with those of the group.
In court, Musk’s lawyers defended the sweepstakes as “core political speech,” highlighting that participants sign a petition endorsing the U.S. Constitution. They argued that Krasner's request to terminate the sweepstakes was moot because no more Pennsylvania winners would be announced before the election concludes on Tuesday.
Krasner contended that the giveaways violate state election laws and contradict Musk's earlier promises made during a campaign appearance with Republican nominee Donald Trump in Harrisburg, Pennsylvania, where Musk claimed, “We’re going to be awarding a million dollars randomly to people who have signed the petition every day from now until the election.”
Young acknowledged that recipients were required to sign nondisclosure agreements, which raised questions during cross-examination about the transparency of the selection process. Krasner characterized the sweepstakes as a “political marketing masquerading as a lottery,” asserting that it amounts to a grift.
Musk, who did not attend the hearing, has invested over $70 million into the super PAC to support Trump and other Republican candidates in the November elections. The PAC has awarded three winners since the sweepstakes began on October 19, with recipients from key battleground states including Pennsylvania, Wisconsin, Nevada, Arizona, Georgia, North Carolina, and Michigan. While winners are expected to receive their prizes by November 30, it remains unclear if any of them have received the actual funds yet.
Krasner noted that more than a million people have registered for the sweepstakes by signing a petition supporting the First and Second Amendments of the U.S. Constitution, raising concerns about how their information might be used beyond the election.
Krasner, who has been a Tesla driver, also hinted at the possibility of civil action against Musk and his PAC, while stating that he might explore criminal charges related to the integrity of the electoral process. With Pennsylvania holding 19 crucial electoral votes, both Trump and Democratic Vice President Kamala Harris have been actively campaigning in the state, underscoring its importance in the upcoming election.
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