PHILADELPHIA — The ongoing legal dispute concerning Elon Musk’s $1 million daily voter sweepstakes has made its way back to Pennsylvania’s state court, marking a setback for the billionaire after a federal judge determined that he did not have the authority to preside over the case.
Philadelphia District Attorney Larry Krasner aims to halt the giveaways, arguing that they contravene state lottery legislation. Musk contended that the matter should be addressed in federal court due to allegations of interference in federal election processes.
The political organization linked to Musk, focused on bolstering Donald Trump’s presidential campaign, has established the sweepstakes to incentivize voter registration in crucial swing states.
As Election Day approaches, the case is set to return to Judge Angelo Foglietta, who held a brief hearing on Thursday at Philadelphia City Hall. Currently, no additional hearings have been scheduled.
U.S. District Judge Gerald J. Pappert, a Republican and former Pennsylvania attorney general appointed to the federal bench by Barack Obama, issued the ruling. In his statement, Pappert clarified that even though the complaint refers to the upcoming federal presidential election, the jurisdiction is determined by the origin of legal issues tied to either state or federal law, and not by the plaintiff’s intentions in bringing the suit.
Attorney John Summers, representing Krasner, expressed intentions to request Foglietta to impose an injunction against Musk’s lottery and his alleged deceptive practices. Musk’s attorney, Matthew Haverstick, has not yet responded to requests for comments via text and phone.
Musk, who is the founder of companies such as Tesla and SpaceX, has shown unwavering support for Trump during this election cycle, claiming that the fate of civilization hangs in the balance. He is leading significant voter mobilization efforts for Trump through his super PAC, which has been endowed with the ability to collect and expend unlimited funds. To date, Musk has pledged upwards of $70 million to support Trump and Republican candidates leading up to the elections.
Krasner’s lawsuit alleges that Musk and his PAC are conducting an illicit lottery in the high-stakes days leading up to the election. Notably, four of the initial twelve winners hailed from Pennsylvania, a crucial state in the closely contested presidential battle between Trump and Vice President Kamala Harris.
Krasner’s attorney Summers raised skepticism regarding the lottery, questioning if it was merely coincidental that the winners seemed to come from a state with the largest electoral votes. He raised concerns about the transparency of the lottery process, stating, “We don’t know the rules being followed. We don’t know how they’re supposedly picking people at random… It’s an outrage.”
Musk’s America PAC has claimed to have issued 13 checks for $1 million since initiating the sweepstakes in Harrisburg, Pennsylvania, on October 19. Additional winners were reported from other battleground states including Wisconsin, Nevada, Arizona, Georgia, North Carolina, and Michigan. The sweepstakes will continue until Election Day, available to registered voters in closely contested states who endorse a petition supporting the Constitution.
Election law specialists have raised concerns regarding the legality of the initiative, especially in light of laws prohibiting monetary inducements tied to voting. Musk defended the payouts, asserting that they are both gifts and earnings for services rendered as a spokesperson for the organization.
Krasner has not ruled out the possibility of pursuing criminal charges, underscoring his responsibility to uphold both lottery regulations and the integrity of elections.
As the election nears, both Trump and Kamala Harris have consistently visited Pennsylvania, actively campaigning for its 19 electoral votes, with plans for additional stops before Tuesday’s voting.