Philadelphia District Attorney Sues Elon Musk Over $1 Million Swing-States Voter Giveaway

Prosecutors in Philadelphia have initiated legal action to prevent Elon Musk and his political organization, America PAC, from distributing $1 million (£770,092m) to voters in key swing states. The lawsuit alleges that the billionaire is “running an illegal lottery.” Philadelphia District Attorney Lawrence Krasner stated in the legal filing, “America PAC and Musk must be stopped, immediately, before the upcoming Presidential Election on November 5.” This lawsuit follows by several days a warning issued by the US Justice Department to Musk’s PAC, indicating that its $1 million giveaway might contravene federal election statutes. Musk, who has been actively campaigning for Donald Trump, has previously stated that voters wishing to qualify for the prizes are not required to register as Republicans or cast a vote. As part of this initiative, Musk announced in October his plan to randomly award a $1 million prize daily to individuals in battleground states—Pennsylvania, Georgia, Nevada, Arizona, Wisconsin, Michigan, and North Carolina—until November 5. To be eligible for a win, registered voters must provide personal identifying details, such as addresses and phone numbers. They are also mandated to sign a declaration affirming their support for the US Constitution. To date, nine $1 million prize recipients have been announced, with the most recent being a man from Michigan. Vice President Kamala Harris and Trump, whom Musk supports, are currently engaged in close contests within these battleground states. Musk’s action has provoked immediate criticism from Democrats, who accuse him of attempting to purchase votes, and has also attracted legal scrutiny. According to the district attorney’s lawsuit, filed on Monday, “America PAC and Musk are lulling Philadelphia citizens… to give up their personal identifying information and make a political pledge in exchange for the chance to win $1 million.” The lawsuit further asserts, “That is a lottery. And it is indisputably an unlawful lottery.” Additionally, the legal complaint accuses Musk of violating consumer protection laws by employing “deceptive, vague or misleading statements” that could lead to confusion. Mr. Krasner has requested an immediate injunction prior to the presidential election, arguing that the “scheme” was devised to “influence voters.” A court hearing concerning Mr. Krasner’s petition for a preliminary injunction is scheduled for Friday morning in Philadelphia, three days before election day. The lawsuit clarifies that it does not accuse Musk and America PAC of breaching federal laws against vote buying. A representative for America PAC informed ABC News after the lawsuit was filed that it was reasonable to “infer” that the PAC intends to continue distributing the $1 million checks. The BBC has contacted Musk’s America PAC for a statement. Legal experts conveyed to the BBC that the legality of the giveaway under federal law is somewhat ambiguous. Last week, the Justice Department dispatched a letter to America PAC, cautioning that its lottery-style giveaway might be unlawful. This letter was sent by the DOJ’s Public Integrity Section following indignation from Democrats regarding the cash promotion. Under US law, compensating individuals for voter registration is illegal. However, it remains uncertain whether this sweepstakes contravenes any existing laws.