PHILADELPHIA -- A lawyer for Elon Musk ’s political action committee told a judge in Philadelphia on Monday that the so-called winners of his US$1 million-a-day voter sweepstakes in swing states haven’t won by chance but instead were selected to be paid “spokespeople” for the group.
GOP lawyer Chris Gober also said the final recipients will be in Arizona on Monday and Michigan on Tuesday, so continuing the giveaways won't affect the Pennsylvania election. He said the recipients are chosen based on their personal stories and sign a contract with the political organization, America PAC.
“The $1 million recipients are not chosen by chance," Gober said Monday. “We know exactly who will be announced as the $1 million recipient today and tomorrow.”
The disclosures prompted a lawyer for District Attorney Larry Krasner, who wants to shut down the giveaways, to call them a “scam" that is "designed to actually influence a national election.”
Musk’s lawyers, in closing arguments, called it “core political speech” given that participants sign a petition endorsing the U.S. Constitution. They said Krasner's efforts were moot as there would be no more Pennsylvania winners before the program ends Tuesday. A judge was expected to rule later in the day.
Krasner believes the giveaways violates state election law and contradicts what Musk promised when he announced the giveaways during an appearance with Republican presidential nominee Donald Trump 's campaign in Harrisburg, Pennsylvania, on Oct. 19: “We’re going to be awarding a million dollars randomly to people who have signed the petition every day from now until the election,” Musk vowed.
In testimony Monday afternoon, Krasner’s lawyer grilled a PAC official on the use of the words “chance” as well as “randomly.” Musk used both words to describe the giveaways.
Chris Young, the PAC’s executive director and treasurer, agreed he was surprised that Musk announced the prizes would be awarded “randomly.”
“It’s not the word I would have selected,” he said.
He said he knew ahead of time who the recipients would be, and that the individuals at least knew they would be called on stage – but not specifically told they would win the money.
In an Oct. 20 social media post shown in court, Musk said anyone signing the petition had “a daily chance of winning $1M!”
Gober had argued Monday that the word “randomly” is not synonymous with “chance,” a statement Krasner called “absurd.”
Young also acknowledged that the PAC made the recipients sign nondisclosure agreements.
“They couldn’t really reveal the truth about how they got the money, right?” asked Krasner lawyer John Summers.
“Sounds right,” Young said.
Musk did not attend the hearing, held on the day before the presidential election. He has committed more than US$70 million to the super PAC to help Trump and other Republicans win in November.
Krasner took the witness stand Monday and called the sweepstakes a scam as he asked Common Pleas Court Judge Angelo Foglietta to shut it down.
“This was all a political marketing masquerading as a lottery,” Krasner testified. “That’s what it is. A grift.”
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 state's Oct. 21 voter registration deadline.
Other winners came from the battleground states of Wisconsin, Nevada, Arizona, Georgia, North Carolina and Michigan. It's not clear if anyone has yet received the money. The PAC pledged they would get it by Nov. 30, according to an exhibit shown in court.
More than one million people from the seven states have registered for the sweepstakes by signing a petition saying they support the right to free speech and to bear arms, the first two amendments to the U.S. Constitution. Krasner questioned how the PAC might use their data, which it will have on hand well past the election.
“They were scammed for their information,” Krasner said. “It has almost unlimited use.”
Krasner's lawyer, John Summers, said Musk is “the heartbeat of America PAC,” and the person announcing the winners and presenting the checks.
“He was the one who presented the checks, albeit large cardboard checks. We don’t really know if there are any real checks,” Summers said.
Foglietta was presiding over the case at Philadelphia City Hall after Musk and the PAC lost an effort to move it to federal court.
Krasner has said he could still consider criminal charges, as he’s tasked with protecting both lotteries and the integrity of elections. In the lawsuit, he said the defendants are “indisputably violating” Pennsylvania’s lottery laws.
Pennsylvania remains a key battleground state with 19 electoral votes and both Trump and Democratic Vice President Kamala Harris have repeatedly visited the state, including stops planned Monday in the final hours of the campaign.
Krasner — who noted that he has long driven a Tesla — said he could also seek civil damages for the Pennsylvania registrants. Musk owns Tesla along with the social media platform X, where America PAC has published posts on the sweepstakes, and the rocket ship maker SpaceX.
