Elon Musk’s controversial initiative to distribute $1 million per day to a “lucky” registered voter in swing states ahead of tomorrow’s election is not a lottery, according to Musk’s lawyer, Chris Gober. In a Pennsylvania court on Monday, Gober clarified that winners are not selected randomly but are chosen for their suitability to represent Musk’s pro-Trump super PAC, America PAC. This announcement arrived amidst a lawsuit from the Pennsylvania District Attorney’s Office accusing Musk and America PAC of election fraud and operating an illegal lottery.
The lawsuit claims that America PAC and Musk are enticing Philadelphia citizens and other residents of swing states to relinquish their personal information and pledge political support in exchange for the prospect of winning $1 million. The DA’s office argues that this constitutes an unlawful lottery.
Under federal law, it is illegal to offer payment for voter registration or voting, a crime punishable by up to five years in prison. Nevertheless, Judge Angelo Foglietta did not block the scheme on Monday. During the court session, Gober disclosed details about the so-called lottery, explaining that recipients are pre-selected and must fulfill contractual obligations as spokespersons for the PAC.
Gober also mentioned that the final recipients, who will be announced in Arizona and Michigan, are chosen based on their personal stories and suitability to represent America PAC. This revelation underscored that no prize is won by chance but rather through careful selection.
Musk had invited registered voters in pivotal swing states to sign petitions supporting free speech and gun rights, with the supposed promise of a random daily draw for $1 million. To date, America PAC has handed out 16 checks worth $1 million each, including four to Pennsylvania residents.
Following a warning from the Justice Department on October 23 that Musk and America PAC might be breaking the law, winner announcements paused for 24 hours. The Pennsylvania DA’s Office subsequently filed the lawsuit on October 28. Musk’s attempt to transfer the case to federal court was denied on Friday.
