A judge has ruled that Elon Musk’s political group can continue awarding $1 million (£722,000) to voters in swing states.
The giveaway by Musk’s America PAC is set to conclude on Tuesday, with the final recipient already chosen, according to the billionaire’s lawyer during a court hearing on Monday.
In a surprising revelation, the lawyer disclosed that the recipients of the funds were not selected through a random lottery, as many had assumed, but were instead chosen by the group. Philadelphia District Attorney Lawrence Krasner had filed a lawsuit to halt what he termed an “illegal lottery” after Musk announced the plan to award one voter in a swing state each day until Election Day.
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Pennsylvania Judge Angelo Foglietta did not provide an immediate explanation for the ruling, which was made just hours after the hearing, as reported by the Associated Press. “The $1 million recipients are not chosen by chance,” said the lawyer, Chris Gober. “We know exactly who will be announced as the $1 million recipient today and tomorrow.”
Gober indicated that America PAC has already decided the final recipient will be a voter from Michigan. On the same day, the group announced that a man named Joshua in Arizona was awarded the day’s prize.
In a post on X (formerly Twitter), which Musk owns, the group stated: “Every day until Election Day, a person who signs will be selected to earn $1 million as a spokesperson for America PAC.” Initially, when Musk unveiled the giveaway last month, many believed it involved a random drawing for registered voters who signed a petition supporting the First and Second Amendments of the U.S. Constitution. Musk had claimed, “We are going to be awarding $1 million randomly to people who have signed the petition, every day, from now until the election.”
However, shortly after, the U.S. Justice Department warned that the group could be violating election laws that prohibit paying people to register to vote, prompting Krasner’s office to take legal action. Musk has been actively campaigning for Republican candidate Donald Trump in key swing states, including Pennsylvania, where polls indicate a tight race against Democratic Vice President Kamala Harris.
A lawyer from Krasner’s office stated that Gober’s comments in court represented “a complete admission of liability.” During the hearing, prosecutors presented a video in which Musk, who also leads SpaceX, mentioned that “all we ask” is for the winners to serve as spokespeople for the group. Chris Young, the director of America PAC, clarified in court that recipients are vetted and must share the group’s values.
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Recipients of the money must sign non-disclosure agreements that prevent them from publicly discussing the terms of their contracts. Musk did not attend the hearing.
On the same day, Joe Rogan released a nearly three-hour episode of his podcast featuring an interview with Musk, during which he expressed his endorsement for Donald Trump. Rogan noted on X that Musk made a compelling case for Trump, stating, “I agree with him every step of the way.”
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