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Philadelphia DA Sues Elon Musk to Stop $1 Million Giveaway for Voters, Calls It “Illegal Lottery Scheme”

Philadelphia’s top prosecutor takes Elon Musk and his pro-Trump super PAC to court, arguing their voter lottery violates Pennsylvania state laws.

by thinktank
October 28, 2024
Reading Time: 3 mins read
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Philadelphia District Attorney Larry Krasner is taking on Elon Musk, filing a lawsuit to stop the billionaire’s controversial $1 million daily giveaway to registered voters. Krasner argues that Musk’s initiative, facilitated through his pro-Trump super PAC, America PAC, constitutes an illegal lottery under Pennsylvania law.

The civil suit, filed Monday, accuses Musk and America PAC of using cash incentives to gather voter information in a way that violates state lottery laws. “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,” the lawsuit states. “That is a lottery. And it is indisputably an unlawful lottery.”

At the heart of the lawsuit is Pennsylvania’s strict regulation of lotteries, which can only be operated and administered by the state. According to Krasner, Musk’s $1 million giveaway falls squarely outside these guidelines, making it an illegal operation. The DA’s office contends that by dangling large cash prizes, Musk’s super PAC is improperly incentivizing voters, risking both their personal data and the integrity of the electoral process.

Krasner’s complaint highlights that Musk’s initiative requires participants to register to vote or pledge to support a specific candidate, essentially exchanging political engagement for a shot at winning cash. “Though Musk says that a winner’s selection is ‘random,’ that appears false because multiple winners that have been selected are individuals who have shown up at Trump rallies in Pennsylvania,” the lawsuit claims. Krasner’s office argues that these circumstances make the rules of Musk’s lottery “deceptive.”

The lawsuit also follows recent warnings from the U.S. Department of Justice, which expressed concern that Musk’s campaign could violate federal laws prohibiting vote-buying. While Krasner’s suit is focused specifically on state laws governing lotteries and consumer protection, the federal government has indicated it’s watching Musk’s activities closely, given potential conflicts with federal statutes against offering cash for voter registration or political support.

Legal experts have voiced support for the DA’s stance, noting that incentivizing voter registration with cash rewards can have unintended consequences on voter privacy and data security. By requiring participants to submit personal information in exchange for a chance to win, Musk’s America PAC may be crossing ethical and legal lines, according to officials.

Elon Musk, the CEO of Tesla and SpaceX, has been increasingly vocal in his support for Donald Trump’s 2024 presidential campaign. In addition to personally amplifying Trump’s rhetoric, Musk has poured significant funds into America PAC, which has run pro-Trump initiatives in key swing states. Musk’s recent entry into political fundraising has been marked by controversy, with critics questioning his motivations and legal standing.

Musk has previously described his lottery-style giveaway as a means to “engage voters,” calling the $1 million prize a “fun incentive” for those participating in the democratic process. His representatives have yet to respond to CNN’s request for comment on the lawsuit.

For his part, Musk has previously admitted that the giveaway operates in what he considers a “gray area” but has not publicly addressed accusations of illegality. Given the scrutiny from both state and federal authorities, it remains to be seen if Musk will alter or suspend the program.

The lawsuit has sparked widespread debate, with critics pointing out the irony of Musk—a naturalized citizen himself—championing anti-immigration stances while running a questionable voter outreach campaign. Critics argue that Musk’s sudden political involvement seems more about shaping public opinion than fostering genuine civic engagement. Others see it as another example of his recent ventures into polarizing issues, as he’s increasingly positioned himself as a high-profile ally of Trump’s platform.

If Krasner’s suit is successful, it could halt Musk’s $1 million voter incentive in Pennsylvania, potentially setting a precedent that could affect similar initiatives in other states. For now, the case remains a high-stakes clash between a billionaire’s influence on politics and the legal framework designed to protect voters from undue influence.

 

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