The $1 million-a-day voter sweepstakes initiated by Elon Musk’s political action committee in swing states will continue through Tuesday’s presidential election, according to a ruling by Pennsylvania Common Pleas Court Judge Angelo Foglietta on Monday. Although Judge Foglietta did not immediately clarify his reasoning, he decided in favor after Musk’s attorneys argued that the winners are paid spokespeople rather than randomly selected.
District Attorney Larry Krasner, a Democrat, described the process as a “scam designed to actually influence a national election” and had requested its termination. However, Musk’s attorney Chris Gober announced that the final two recipients before the election will be from Arizona and Michigan, respectively.
Gober assured that the $1 million recipients are not chosen by chance, stating, “We know exactly who will be announced as the $1 million recipient today and tomorrow.” Chris Young, the director and treasurer of America PAC, testified that the recipients undergo vetting to ensure congruence with the group’s values.
Musk’s legal team defended the sweepstakes as “core political speech,” highlighting that participants sign a petition endorsing the U.S. Constitution. They also argued that Krasner’s efforts were moot under Pennsylvania law since no further winners from Pennsylvania would be announced before the election concludes.
Krasner countered that the sweepstakes violated state election law and contradicted Musk’s earlier promises made during an appearance with Republican presidential nominee Donald Trump in Harrisburg, Pennsylvania, on October 19. At that time, Musk had vowed, “We’re going to be awarding a million dollars randomly to people who have signed the petition every day from now until the election.”
During the Philadelphia courtroom proceedings, Gober maintained the sweepstakes’ legality, while Young admitted that recipients had to sign nondisclosure agreements, preventing them from revealing how they obtained the money. In an October 20 social media post shown in court, Musk had declared that petition signers had “a daily chance of winning $1M!” This led Summers to question the use of terms like “chance” and “randomly,” which even Young admitted were not ideal choices of words.
Notably, Musk did not attend the hearing. He has committed over $70 million to the super PAC to aid Trump and other Republicans in the upcoming elections. Krasner perceived the sweepstakes as a political marketing ploy masquerading as a lottery, labeling it “a grift.”
Despite the controversy, Musk’s lawyers and America PAC indicated no plans to extend the sweepstakes beyond Tuesday. Krasner noted that the first three winners, commencing October 19, were Pennsylvanian, coinciding with the state’s October 21 voter registration deadline. Additional winners emerged from critical battleground states such as Wisconsin, Nevada, Arizona, Georgia, North Carolina, and Michigan. It remains uncertain if the money has been distributed, though the PAC promised recipients would receive it by November 30.
Over a million people across the seven states registered for the sweepstakes by signing a petition endorsing free speech and the right to bear arms, fundamental rights outlined in the U.S. Constitution. Krasner expressed concern over how the PAC might utilize the collected data, which will be available long after the election.
Krasner, referring to Musk as “the heartbeat of America PAC” and the individual who presented the checks, accused the PAC of potentially defrauding participants. The judge presided over the case in Philadelphia City Hall after Musk and the PAC’s attempt to move it to federal court failed. Krasner hinted at the possibility of criminal charges, given his responsibility to protect lottery integrity and election processes.
Pennsylvania, with its critical 19 electoral votes, remains a pivotal battleground with visits from both Trump and Democratic Vice President Kamala Harris in the campaign’s final hours. Krasner, who has noted his long-time use of a Tesla vehicle, hinted at future civil actions for Pennsylvania registrants. Musk, who leads Tesla, also owns the social media platform X and SpaceX, where America PAC has promoted the sweepstakes.
