Tesla and X CEO Elon Musk raises his hands as he takes the stage during a campaign rally for Republican presidential nominee, former U.S. President Donald Trump, at Madison Square Garden on October 27, 2024 in New York City. | Michael M. Santiago/Getty Images
PHILADELPHIA — Elon Musk was a no-show in a Philadelphia courtroom Thursday morning for a scheduled hearing over a lawsuit filed by Philadelphia District Attorney Larry Krasner, alleging that the $1 million-a-day voter sweepstakes Musk’s America PAC has been conducting in Pennsylvania is an illegal lottery.
In a filing late Wednesday, America PAC’s attorneys argued that the state court was not the proper venue for the lawsuit. “This matter involves claims that are inherently federal in nature,” due mainly to Krasner’s allegation that the $1 million giveaways amount to interference in a federal election for President of the United States, the PAC’s attorneys said. They seek to move the case to the U.S. District Court for the Eastern District of Pennsylvania.
Krasner’s attorney John Summers spoke outside the courtroom after the hearing, noting that Musk’s attorneys had filed the federal suit on “mischief night,” the night before Halloween when some in the Philadelphia region get up to hijinks.
“DA Krasner was here to testify. Elon Musk didn’t show,” Summers told reporters outside the courtroom. “We are going to handle this case and continue to handle this case,” adding they would proceed to federal court and seek to have the case remanded back to state court. “After all, this is a case that involves state law issues, and I’ll leave it at that .”
Krasner filed the civil suit on behalf of the commonwealth in Philadelphia’s Court of Common Pleas on Monday, alleging that the $1 million-a-day voter sweepstakes Musk has been conducting in Pennsylvania is an illegal lottery.
“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,” Krasner’s suit 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.”
In a filing late Wednesday, America PAC’s attorneys argued that the state court was not the proper venue for the lawsuit, since “this matter involves claims that are inherently federal in nature,” due mainly to Krasner’s allegation that the $1 million giveaways amount to interference in a federal election for President of the United States. They seek to move the case to the U.S. District Court for the Eastern District of Pennsylvania.
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, then 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.
Election law experts have told the Capital-Star that. the sweepstakes likely violates a federal law against paying people to register to vote. 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.
America PAC on Wednesday revealed its latest $1 million winner from North Carolina. The PAC said winners would be announced daily through Election Day.
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.