Elon Musk’s $1 million-a-day lottery offer to swing state voters who support his pro-Trump super PAC is an illegal lottery under Pennsylvania law, Philadelphia District Attorney Larry Krasner claims in a lawsuit filed Monday.
Krasner, a Democrat, filed a civil lawsuit on behalf of the Commonwealth in the Philadelphia Court of Common Pleas, arguing that the lottery violates state law that gives the state exclusive authority to administer the lottery and violates Pennsylvania consumer protection laws.
“To be clear, this is not a question of whether defendants violated state or federal laws prohibiting vote buying. Instead, the case is very simple because America PAC and Musk are unquestionably violating Pennsylvania’s statutory prohibitions against illegal sweepstakes and consumer fraud,” the lawsuit says.
Krasner’s lawsuit seeks an injunction to stop America PAC and Musk from continuing the violations. He says allowing them to continue would irreparably harm the people of Philadelphia and Pennsylvania and “destroy the public’s right to wages and fair elections.”
Public records show America PAC has spent more than $133 million this year supporting and opposing federal candidates. On October 7, Musk announced that the PAC would pay registered voters in Pennsylvania $47 to sign a petition supporting free speech and gun rights. The amount offered later increased to $100.
At former President Donald Trump’s rally in Harrisburg on October 19, Musk announced that people who signed the petition and were registered to vote in the presidential elections in Pennsylvania and six other swing states would be eligible to be randomly selected to win $1 million.
“In other words, America PAC and Musk are lulling citizens of Philadelphia – and other members of the Commonwealth (and other swing states in the upcoming election) – into giving up their personal information and making a political pledge in exchange for a chance to win $1 million,” the lawsuit reads Krasner. “It’s a lottery. And without a doubt it is an illegal lottery.”
Capital-Star emailed America PAC and Musk’s spokespeople seeking comment.
Electoral law experts he told the Capital-Star last week the lottery likely violates federal law prohibiting paying people to register to vote.
Democratic Gov. Josh Shapiro said in an Oct. 20 interview on “Meet the Press” that the payments were “deeply disturbing,” although he did not call for an investigation.
“Yes, I think it’s something law enforcement might look at. I am no longer the attorney general of Pennsylvania. I’m the governor, but this raises some sedate questions,” Shapiro said.
A spokeswoman for Pennsylvania Attorney General Michelle Henry said last week that the office’s priority is ensuring the integrity of the commonwealth’s elections. While the attorney general’s office is aware of the situation, a spokesman said it cannot confirm or deny an investigation into America PAC’s activities. Capital-Star emailed a spokesman seeking any novel information on the situation in lightweight of Monday’s lawsuit.
This is a developing story
