A Pennsylvania state judge ruled that Elon Musk’s America PAC can proceed with its $1 million-a-day giveaway for swing state voters, a program set to continue until the presidential election. Yesterday, Common Pleas Court Judge Angelo Foglietta made the decision after hearing arguments, though the reasoning behind his ruling was not immediately provided.
The initiative, which has been described as a sweepstakes, came under scrutiny as Philadelphia District Attorney Larry Krasner argued that the effort was more than just a promotion—it was a violation of election laws, potentially influencing voter behavior. Krasner called the effort “a grift,” suggesting that it was disguised political marketing that crossed legal boundaries.
Launched on October 19 by Musk during a campaign event for former President Donald Trump, the giveaway invites registered voters from key battleground states, including Pennsylvania, Arizona, and Georgia, to sign a petition supporting free speech and gun rights. Those who do so are entered for a chance to receive $1 million daily until Election Day. While Musk initially promoted the sweepstakes as a random selection, recent testimony revealed that the winners were not chosen by chance. Instead, candidates were vetted and selected based on personal stories and perceived alignment with the PAC’s goals, according to America PAC attorney Chris Gober.
During the court proceedings, Chris Young, the director of America PAC, admitted that winners were asked to sign non-disclosure agreements, which prevented them from disclosing how they were selected or the terms of their involvement. This revelation raised questions about transparency and the ethical implications of the campaign.
Krasner’s concerns extended to how America PAC might use the personal data collected from participants. More than one million people reportedly registered for the sweepstakes by signing the petition. The district attorney argued that participants were potentially misled into sharing their information, which could be utilized well beyond the scope of the election period.
Critics have pointed out that while the giveaway does not require participants to register to vote, its nature could still affect election outcomes by leveraging financial incentives. Legal experts are divided on whether the sweepstakes violates federal election laws, particularly those related to offering money for political support. Although the U.S. Department of Justice has reportedly raised concerns, no public action has been taken at the federal level.
Musk’s involvement in this campaign aligns with his support for Trump and other Republican candidates. The billionaire has contributed over $70 million to America PAC, a move that demonstrates his influence within the political landscape as the race tightens between Democratic Vice President Kamala Harris and Trump.
The stakes are particularly high in Pennsylvania, a state with 19 electoral votes that both candidates have visited multiple times during their campaigns. Krasner hinted at the possibility of further legal action, including potential criminal charges and civil penalties, to protect election integrity.
The outcome of this case and its implications for election law are being closely watched, as Musk and his PAC’s activities highlight the blurred lines between political promotion and voter engagement.
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