In a move that has ignited controversy, a Pennsylvania judge has ruled that Elon Musk’s $1 million-a-day voter sweepstakes, run by his political action committee (PAC), can continue until Tuesday’s presidential election. This decision follows a legal battle initiated by Philadelphia District Attorney Larry Krasner, who sought to shut down the program, alleging it was a scam designed to influence the election.
The sweepstakes, which has been promoted on Musk’s social media platform X (formerly Twitter), promises to award $1 million daily to individuals who sign a petition endorsing the U.S. Constitution. However, the judge’s decision came after Musk’s legal team clarified that the winners are not selected randomly but are paid spokespeople, a fact not initially disclosed.
Judge Angelo Foglietta, in his ruling, did not provide an immediate explanation for allowing the sweepstakes to continue. However, he deemed the program to be protected under free speech laws, recognizing it as “core political speech.” Musk’s lawyers further argued that Krasner’s attempt to halt the program under Pennsylvania law was moot, as there would be no more Pennsylvania winners before the sweepstakes concludes on Tuesday.
The sweepstakes has attracted criticism from various quarters, with critics highlighting the potential for manipulation and questioning the transparency of the process. Krasner, in particular, expressed concern about the potential for the PAC to exploit the personal information of participants, who have signed up in droves, exceeding a million people across seven key swing states.
He alleged that the sweepstakes is a “grift” that misrepresented its nature to participants, leading them to believe they had a chance to win randomly. He also pointed out that the first three winners, starting on October 19, were from Pennsylvania, coinciding with the state’s voter registration deadline on October 21, raising further suspicions.
“They were scammed for their information,” Krasner argued, stating that the PAC can use this data for a multitude of purposes well after the election. He further emphasized that Musk, as the person presenting the checks, has a significant influence on the sweepstakes, even though the authenticity of the checks remains uncertain.
While the judge’s ruling allows the sweepstakes to continue until Election Day, Krasner has indicated that he may still pursue criminal charges, citing his responsibility to ensure the integrity of elections and the regulation of lotteries. He also plans to explore civil remedies for Pennsylvania residents who participated in the sweepstakes.
With Pennsylvania holding 19 electoral votes, it is considered a pivotal battleground state in the election. Both the Republican and Democratic presidential candidates have made multiple visits to the state, highlighting its significance. Elon Musk, the CEO of Tesla, SpaceX, and X, has pledged over $70 million to the super PAC to support Republican candidates in the election, making his involvement in this contentious sweepstakes a significant aspect of the political landscape.
Despite the controversy, the sweepstakes, which is now scheduled to conclude on Election Day, continues to attract attention, raising questions about its impact on voter engagement and the role of political spending in the electoral process.