PHILADELPHIA — A judge has ruled that a $1 million voter sweepstakes associated with billionaire Elon Musk can proceed until Election Day, as the city’s chief prosecutor did not demonstrate that it constituted an illegal lottery.

District Attorney Larry Krasner filed a lawsuit last month seeking to terminate the sweepstakes under Pennsylvania law. In his recent opinion, Common Pleas Court Judge Angelo Foglietta stated, “Although (Krasner) alleges that America PAC and Elon Musk ‘scammed’ people, DA Krasner failed to provide any evidence of misuse beyond mere speculation.”

The sweepstakes was specifically designed for voters in swing states who signed a petition supporting constitutional rights related to free speech and gun ownership. Attorneys for the political action committee revealed during a court session on November 4 that selected participants were not actually winners of a chance game. Instead, they were chosen to serve as paid spokespersons for the group.

Musk, who has invested over $70 million into the political action committee aiming to assist former President Trump’s campaign and other Republican efforts, has also been appointed to lead a government efficiency initiative. Krasner contended that over a million individuals registered for the sweepstakes were “scammed for their information.” The lawyers representing Musk argued that the initiative is an example of “core political speech.”

Judge Foglietta had already dismissed Krasner’s request after a hearing held the previous week; however, he elaborated on his reasoning in his opinion. He mentioned that Krasner’s concerns were somewhat irrelevant because, by that time, only one sweepstakes remained, and Musk’s legal team had indicated that the final selection would not include a candidate from Pennsylvania.

Musk, who is the CEO and primary shareholder of Tesla, also owns the social media platform X and the aerospace manufacturer SpaceX.