Philadelphia DA Sues to Block Elon Musk’s $1 Million Voter Giveaway

The prosecutor accused the giveaway of violating Pennsylvania’s lottery and consumer protection laws.
Philadelphia DA Sues to Block Elon Musk’s $1 Million Voter Giveaway
SpaceX and Tesla founder Elon Musk awards Kristine Fishell a $1 million check during a town hall at the Roxian Theatre in Pittsburgh on Oct. 20, 2024. Michael Swensen/Getty Images
Bill Pan
Updated:
0:00

Philadelphia District Attorney Larry Krasner is suing to halt Elon Musk’s $1 million giveaway to swing state voters.

The suit, filed on Monday in the Common Pleas Court in Philadelphia, accused the tech billionaire and his America PAC supporting former President Donald Trump’s candidacy of “running an illegal lottery in Philadelphia, as well as throughout Pennsylvania.”

The case is based on Pennsylvania’s lottery and consumer protection laws. Krasner, a Democrat, clarified in the complaint that is was not about state and federal laws that prohibit vote-buying.

“Running an illegal lottery and violating consumer protections is ample basis for an injunction and concluding that America PAC and Musk must be stopped, immediately, before the upcoming Presidential Election on November 5,” Krasner told the court in his suit. “That is because America PAC and Musk hatched their illegal lottery scheme to influence voters in that election.”

Specifically, the district attorney alleged that Musk failed to meet Pennsylvania’s requirements for lottery operators, which mandate publishing a “complete set of lottery rules” and detailing measures to protect participants’ personal information. He also raised concerns that the selection of winners may have been rigged.

“Though Musk says that a winner’s selection is ‘random,’ that appears false because multiple winners that have been selected are individuals who have shown up at Trump rallies in Pennsylvania,” the lawsuit alleges, arguing that the lottery rules are “deceptive.”

The suit came after Musk announced the eighth winner of his super PAC’s $1 million prize in Lancaster, Pennsylvania, and doubled down on his pledge to give out awards to registered voters in seven battleground states every day until Election Day.

To be eligible, participants must sign a petition on the PAC’s website affirming their support of the First and Second Amendments to the Constitution. The online petition form says one has to be a registered voter to participate, but voting itself is not required.

“We’re trying to get attention for this very important petition to support the Constitution,” Musk told the audience at the Oct. 26 event. “We need the right to free speech; we need the right to bear arms.

“So we’re going to be giving out a million dollars every day through Nov. 5. All you have to do is sign the petition in support of the First and Second Amendment. That’s it. You don’t even have to vote. It'd be nice if you voted, but you don’t have to. And then just basically sign something you already believe in, and you get a [chance] to win a million dollars every day from now through the election.”

The America PAC didn’t respond to a request for comment by publication time.

The suit also came after a group of former Republican lawmakers, advisers and Justice Department officials called on Attorney General Merrick Garland to investigate Musk for potential violation of federal law that bans bribing people to register to vote.

“We urge you to investigate whether America PAC’s payments are prohibited payments for voter registration,” the former officials said of Musk’s offers in an Oct .21 letter to Garland and Pennsylvania Attorney General Michelle Henry. “We recognize that they are framed as payments for signing a petition, or for referring voters who sign. But many of the payments are restricted to registered voters, so anyone who wishes to get paid must first register.”
In defense of Musk, Sen. Tom Cotton (R-Ark.) sent a dueling letter, cautioning the attorney general against using his department to target Republicans.
Cotton’s Oct. 24 letter pointed to similar sweepstakes supporting of Vice President Kamala Harris and other progressive candidates, including one hosted by Michelle Obama’s voter registration group, which offered a free trip to Las Vegas to meet the former First Lady.

“I’m very concerned that the Biden-Harris administration has once again singled out center-right Americans like Mr. Musk for political retribution while turning a blind eye to liberal-leaning groups engaged in similar behavior,” the senator wrote. “Where are the threats of legal consequences for liberals? Have you sent Michelle Obama an intimidating letter?”