Elon Musk can continue to give away cash to registered voters for now as a Pennsylvania state judge considers the case against him. The Tesla and SpaceX CEO, and supporter of Donald Trump, has been offering cash prizes to voters in swing states through his political group, America PAC. This action has drawn scrutiny from US officials who argue it may violate electoral law.
Musk denies any wrongdoing. Philadelphia District Attorney Lawrence Krasner sued Musk this week over the $1 million giveaways, urging that Musk “must be stopped, immediately, before the upcoming presidential election.” At a hearing on Thursday, Judge Angelo Foglietta stated that the lawsuit would be put on hold while a federal court decides if it will take up the case. Should the federal court choose not to intervene, the matter will return to state court.
In a post on X (formerly Twitter), Musk said the ruling represented “American Justice FTW (for the win).” It is unlikely that the case will be resolved before Tuesday’s election. “We will proceed to federal court and we will address the issues there and seek to have the matter remanded back to state court,” said John Summers, a lawyer working with Krasner. “After all, this is a case that involves state law issues,” he added.
Musk did not attend the Philadelphia court hearing. Earlier this month, he announced that he would award a $1 million prize daily to voters in Pennsylvania, Georgia, Nevada, Arizona, Wisconsin, Michigan, and North Carolina—crucial swing states in the close contest between Trump and Democratic candidate Kamala Harris.
Musk’s $1m voter giveaway scrutinized
Another winner was announced on Thursday, with Dacey from Fremont, North Carolina, receiving a $1 million check. To be eligible, the giveaway requires voters to provide personal identifying information and sign a pledge supporting the US Constitution. The lawsuit against Musk alleges he was “running an illegal lottery.” The complaint suggests America PAC and Musk are coaxing Philadelphia citizens to share personal information and make a political pledge in exchange for a chance to win $1 million, constituting an unlawful lottery.
Krasner’s lawsuit also accuses Musk of violating consumer protection laws by using “deceptive, vague, or misleading statements.” However, Musk’s lawyers argue that the complaint is more about preventing interference in the federal election than state-law claims. Just a day before Judge Foglietta’s ruling, Krasner’s team requested heightened security for the hearing after Musk retweeted a post insulting Krasner, which led to threats against him. Musk’s PAC had previously been warned by the US Justice Department that its lottery-style giveaway might violate federal election law.
Under US law, it is illegal to pay people to register to vote. Legal experts note that whether the giveaway violates federal law remains a grey area. If found guilty, Musk could face a $10,000 fine and up to five years in prison.
Musk maintains that voters do not need to register as Republicans or go ahead with casting a vote to be eligible for the prizes. The case continues to unfold as the contentious election day approaches.
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