A Philadelphia judge on Monday denied City of Brotherly Love DA Larry Krasner’s effort to block billionaire Elon Musk from giving away daily $1 million payouts to registered swing state voters.
Krasner argued that the giveaways amounted to an illegal lottery, but Judge Angelo Foglietta spurned the DA’s bid to stop the prizes immediately after Musk’s lawyer testified that the winners were not randomly selected.
“The $1 million recipients are not chosen by chance,” attorney Chris Gober told the court, according to the Associated Press. “We know exactly who will be announced as the $1 million recipient today and tomorrow.”
Chris Young, the head of Musk’s America PAC, testified that the prize winners were vetted prior to being selected in order to “feel out their personality, [and] make sure they were someone whose values aligned” with the political action committee.
Musk’s lawyers further argued that recipients of the million-dollar prizes become paid spokespeople for America PAC and that their “core political speech” would be violated if the giveaways were halted. The Tesla and X CEO’s team also argued that Krasner’s effort was moot since no other Pennsylvanians would be selected before the giveaway ends on Election Day.
Since Oct. 19, the SpaceX and Tesla CEO has given away $16 million to voters who have signed his petition backing freedom of speech and the right to bear arms.
To be eligible for the seven-figure prize, signatories must also be registered to cast a ballot in one of the seven swing states that will decide the election: Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin.
Amid the revelation that winners were not being randomly drawn, Krasner derided Musk’s program as a “grift.”
“This was all a political marketing masquerading as a lottery,” the DA said. “That’s what it is. A grift.”
“They were scammed for their information,” added Krasner. “It has almost unlimited use.”
Musk, who has endorsed former President Donald Trump, is expected to reveal the final prize winner on Election Day.
The Harris-Biden Justice Department reportedly warned Musk last month that his program may be illegal.
