Judge Allows Elon Musk PAC’s $1M Swing State Giveaway To Continue
A Pennsylvania judge ruled Monday that Trump-supporting tech billionaire Elon Musk and his political action committee can continue running their $1 million sweepstakes for swing-state voters.
Common Pleas Court Judge Angelo Foglietta denied a request to pause the giveaway from Philadelphia District Attorney Larry Krasner (D). Krasner sued Musk and America’s PAC last week, alleging the defendants violated Pennsylvania law by running a lottery, which must be regulated and administered by the state.
Pennsylvania has been one of the hottest swing states this election cycle with 15 active cases.
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After holding a hearing on the matter, Fogliette denied the preliminary injunction request, court records show. The order didn’t elaborate on Fogliette’s reasoning, but says an opinion is forthcoming.
Democracy Docket reached out to Krasner’s office for comment.
Previous update, Oct. 28
Philadelphia District Attorney Larry Krasner (D) is suing Trump-supporting tech billionaire Elon Musk and his political action committee over a giveaway that offers one million dollars to a registered voter in a swing state who signs the PAC’s petition.
Krasner’s office said that Musk and his PAC violated Pennsylvania law by running a lottery, which must be regulated and administered by the state for the benefit of residents 65 years of age or older, according to Monday’s complaint.
“America PAC and Musk are lulling Philadelphia citizens – and others in the Commonwealth (and other swing states in the upcoming election) – to give up their personal identifying information and make a political pledge in exchange for the chance to win $1 million. That is a lottery,” the complaint says.
The complaint emphasizes that the case isn’t about “vote-buying,” which is illegal under federal law. “Instead,” the complaint says, “this case is very simple because America PAC and Musk are indisputably violating Pennsylvania’s statutory prohibitions against illegal lotteries and deceiving consumers.”
Earlier this month, Musk pledged a $1 million award every day to a randomly selected registered voter in a swing state — including Pennsylvania — who signs a petition to “support the Constitution.”
“The First and Second Amendments guarantee freedom of speech and the right to bear arms,” the petition says. “By signing below, I am pledging my support for the First and Second Amendments.” Nine people were awarded $1 million each as of Monday from Wisconsin, Pennsylvania, Michigan, Arizona, Nevada and North Carolina.
Since the start of the sweepstakes, Musk’s PAC has raised questions over whether the giveaway runs afoul of federal law. In addition to offering a potential $1 million prize for signing the petition, the PAC also says participants will receive $47 for each registered voter they refer who signs the petition.
The PAC may have found a gray area by offering money to voters for their petition signatures or referrals, not directly for their votes. “I think it straddles the line,” John Fortier, a senior fellow at the American Enterprise Institute, told NBC News.
Last week, the Department of Justice (DOJ) reportedly sent a letter to the PAC warning that the sweepstakes may be illegal. On Wednesday, the public advocacy nonprofit Public Citizen filed a complaint with the Federal Election Commission over the PAC’s giveaway.
On Friday, U.S. Sens. Peter Welch (D) and Richard Blumenthal (D) sent a letter to Attorney General Merrick Garland asking the DOJ to investigate whether Musk and his PAC violated federal campaign finance law.
Krasner’s lawsuit seeks an injunction from the state court to prohibit Musk and the PAC “from engaging in any unfair or deceptive acts or practices in connection with their lottery.”
“Unless restrained by this Court,” the complaint says, “Defendants will likely continue to engage in the methods, acts, or practices that have a likelihood to deceive, mislead, and confuse the public, absent the grant of an injunction.
In response, the PAC seemed to indicate to ABC News that Musk would continue the sweepstakes. When reached for comment, a representative pointed to the PAC’s announcement Monday that a Michigan voter won the $1 million giveaway. The PAC said it awarded a voter from Hastings, Michigan, for signing the petition.