A Pennsylvania judge has ruled that Elon Musk’s political action committee (PAC), America PAC, may continue awarding $1 million to selected voters in key swing states, despite legal challenges questioning the nature and legality of the campaign. The decision, issued by Judge Angelo Foglietta, came on Monday following a court hearing where Philadelphia District Attorney Lawrence Krasner sought to halt the giveaway, alleging it amounted to an “illegal lottery.”
The giveaway, which Musk launched through America PAC, promised daily $1 million payments to voters who sign a petition supporting the First and Second Amendments of the U.S. Constitution, in what was initially portrayed as a lottery. The campaign is set to end on Tuesday, Election Day, with the final recipient reportedly chosen in advance. On Monday, the day’s recipient was revealed as a man named Joshua from Arizona, while the final prize is expected to go to a voter from Michigan.
In court, Musk’s attorney, Chris Gober, clarified that recipients are not randomly selected, but instead, chosen by the group based on specific criteria. “The $1 million recipients are not chosen by chance,” Gober told the court, according to the Associated Press. This disclosure contradicted the initial understanding that the prize would be awarded randomly among petition signers, raising concerns from Krasner’s office and the Department of Justice, which previously warned that paying individuals in connection to voting or registration may violate election laws.
Philadelphia District Attorney Krasner argued that the PAC’s selection process violates federal and state election laws prohibiting financial incentives to encourage voting registration. Gober, however, defended the PAC’s actions, asserting that America PAC has a right to select winners who align with its values and that recipients are intended to serve as “spokespersons” for the PAC. Recipients are required to sign non-disclosure agreements, preventing them from publicly discussing the terms of their contracts.
Since launching the campaign, Musk has been actively promoting Republican candidate Donald Trump in battleground states like Pennsylvania, where polls show Trump in a close race with Vice President Kamala Harris. The PAC’s strategy appears aimed at rallying voters in these critical regions, leveraging Musk’s influence and the substantial financial prizes to gain attention.
During the hearing, prosecutors played a video where Musk stated that the selected individuals would serve as America PAC representatives, a role that prosecutors argued may blur the lines of election law compliance. Critics have suggested that the PAC’s method of selecting winners reflects favoritism toward certain political leanings, challenging the claim of random selection that initially characterized the giveaway.
While Musk did not attend Monday’s hearing, he gained further attention with an appearance on Joe Rogan’s podcast, where he expressed his support for Trump’s candidacy. Rogan, in promoting the episode, endorsed Trump as well, stating Musk had made “the most compelling case for Trump you’ll hear.”
The court’s decision allows the controversial giveaway to proceed, though Krasner’s office is expected to continue investigating the PAC’s methods and compliance with election laws.
