A Pennsylvania judge on Monday ruled that Elon Musk’s daily $1 million giveaway to voters can continue, marking a legal win for the Trump ally.
Judge Angelo Foglietta of the Philadelphia Court of Common Pleas dismissed arguments from Philadelphia District Attorney Larry Krasner, who argued that the giveaway constituted an illegal lottery under state law and demanded its immediate halt.
The decision followed a charged all-day hearing, with Krasner’s team labeling Musk’s political efforts as a “scam” and “grift,” while Musk’s attorneys criticized Krasner’s suit as a “dreadful violation of constitutional rights.” Krasner, a progressive Democrat, filed the lawsuit last week amid concerns the cash prizes might also breach federal election laws, as noted by a recent Justice Department warning.
Musk’s legal team contended that Krasner’s lawsuit was politically motivated, a “publicity stunt” aimed at challenging Musk’s support for Trump. The ruling addressed only Krasner’s emergency motion to stop the sweepstakes immediately; the broader question of its legality under state law remains pending.
During the hearing, Krasner suggested his office might eventually seek compensation from Musk or his super PAC for alleged “victims” of what he deemed an unlawful lottery.
Musk’s attorneys argued that the giveaway did not qualify as a lottery, claiming winners weren’t selected “by chance” and that the $1 million payments were not prizes but rather “compensation” for acting as spokespersons for Musk’s America PAC. Attorney Chris Gober clarified that “there is no prize to be won” and that recipients were selected based on their suitability to represent the super PAC’s goals, thus “earning” the money for their work.
Musk’s political adviser Chris Young provided additional details on the program’s operation, noting that the intent was to “compensate only registered voters and U.S. citizens” and to avoid funding anyone with potentially harmful intentions. Young, also the super PAC’s treasurer, testified that the group followed up with individuals who signed up but weren’t registered to vote, encouraging them to verify their status.
The Justice Department previously warned Musk’s pro-Trump PAC that the sweepstakes might violate federal laws prohibiting cash inducements to register to vote, though Musk’s team has contested these allegations.
