SpaceX and Tesla CEO Elon Musk participates in a town hall-style meeting to promote early and absentee voting at Ridley High School on October 17, 2024 in Folsom, Pa. (Photo by Anna Moneymaker/Getty Images)
Elon Musk’s $1 million-a-day sweepstakes offer to swing state voters who back his pro-Trump super PAC is an illegal lottery under Pennsylvania law, Philadelphia District Attorney Larry Krasner alleges in a lawsuit filed Monday.
Krasner, a Democrat, filed the civil suit on behalf of the commonwealth in Philadelphia’s Court of Common Pleas alleging that the sweepstakes runs afoul of the state law that gives the state sole authority to operate a lottery and violates Pennsylvania’s consumer protection laws.
“To be clear, this is not a case about whether Defendants have violated state or federal laws prohibiting vote-buying. Instead, this case is very simple because America PAC and Musk are indisputably violating Pennsylvania’s statutory prohibitions against illegal lotteries and deceiving consumers,” the lawsuit says.
Krasner’s suit seeks an injunction to stop America PAC and Musk from continuing the violations. It says allowing them to continue would irreparably harm Philadelphia and Pennsylvania residents and “tarnish the public’s right to a fee and fair election.”
America PAC has spent more than $133 million to support and oppose federal candidates this year, according to public records. Musk announced on Oct. 7 that the PAC would pay Pennsylvania registered voters $47 to sign its petition in support of free speech and gun rights. The amount offered later increased to $100.
At a rally in Harrisburg for former President Donald Trump on Oct. 19, Musk announced those who signed the petition and were registered to vote in Pennsylvania and six other swing states in the presidential election would be eligible to be randomly selected to win $1 million.
“In other words, America PAC and Musk are lulling Philadelphia citizens – and others in the Commonwealth (and other swing states in the upcoming election) – to give up their personal identifying information and make a political pledge in exchange for the chance to win $1 million,” Krasner’s suit says. “That is a lottery. And it is indisputably an unlawful lottery.”
The Capital-Star emailed America PAC and Musk’s spokespeople for comment.
Election law experts told the Capital-Star last week the sweepstakes likely violates a federal law against paying people to register to vote.
Democratic Gov. Josh Shapiro said in an interview on “Meet the Press” on Oct. 20 that the payments are “deeply concerning,” although he stopped short of calling for an investigation.
“Yes, I think it’s something that law enforcement could take a look at. I’m not the attorney general anymore in Pennsylvania. I’m the governor, but it does raise some serious questions,” Shapiro said.
A spokesperson for Pennsylvania Attorney General Michelle Henry said last week the office’s priority is to ensure the integrity of elections in the commonwealth. While the attorney general’s office is aware of the situation, the spokesperson said it could neither confirm nor deny an investigation of America PAC’s activities. The Capital-Star emailed the spokesperson seeking any new information about the situation in light of Monday’s suit.
This is a developing story
Pennsylvania Capital-Star is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Pennsylvania Capital-Star maintains editorial independence. Contact Editor Kim Lyons for questions: info@penncapital-star.com. Follow Pennsylvania Capital-Star on Facebook and X.
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