Elon Musk’s $1 million voter ‘lottery’ continues as prosecutors’ lawsuit stalls

WASHINGTON – Philadelphia’s district attorney failed Thursday block of tech billionaire Elon Musk from continuing his controversial $1 million daily giveaway aimed at supporting Trump registered voters in swing states until next Tuesday’s election.

The court showdown had the potential for fireworks, as a judge ordered Musk to appear in person in a Philadelphia courtroom. Musk did not appear, and a lawyer for his American Political Action Committee filed a perfunctory “notice of removal” late Wednesday to take the case to federal court.

A successful motion to sever a hearing in a Pennsylvania court virtually guarantees that the matter will not go to trial until November 5according to an official with the Philadelphia Office of Judicial Records, citing rules of procedure.

A court official told USA TODAY, speaking on condition of anonymity, that because Musk’s attorney Matthew Heverstick’s notice of suspension met all legal requirements, the state judge hearing the case had no opportunity to address the alleged wrongdoing presented Philadelphia District Attorney Larry Krasner before the case went to federal court.

In a short post Thursday on his social media platform X, formerly known as Twitter, Musk said:American Justice FTW”, or for victory.

Musk ‘cowardly and irresponsible’ for not listening: DA

The prosecutor’s lawyer said yes “cowardly and irresponsible” for Musk, the world’s richest man, to avoid legal challenges over his payments by taking the case to federal court, CNN reported.

In response, Musk’s lawyer called Krasner’s complaint a publicity stunt by a liberal, progressive Democrat, CNN reports.

Musk’s payments are just one of many ways the SpaceX founder and Tesla CEO has publicly supported himself former President Donald Trumpcandidate from the Republican Party.

Musk and the PAC also promise to pay $100 to registered voters who sign the petition, but the district attorney’s office believes they did not make those payments, according to the lawsuit.

Are Musk’s $1 million payments legal?

Krasner submitted his legal complaint on Monday, claiming that “America PAC and Musk are encouraging citizens of Philadelphia — and others in the Commonwealth (and other swing states) in upcoming elections — to give up their personally identifiable information and make a political pledge in exchange for a chance to win $1 million.” .

“The America PAC and Musk sweepstakes is clearly not a legitimate sweepstakes,” the lawsuit states.

Krasner asked the Philadelphia District Court for an injunction barring Musk and his PAC from continuing “any unfair or deceptive acts or practices in connection with their lottery.”

Musk’s lawyers argued in a new filing that Krasner’s complaint raises serious questions of federal law and has “little to do with state nuisance and consumer protection claims.”

The Philadelphia prosecutors’ real goal, they argued, is to prevent Musk and his Super PAC’s “alleged ‘interference’ in the upcoming federal presidential election by any means necessary,” Musk’s lawyers wrote.

Musk continues to hand out gifts despite legal warnings

Musk continued the giveaway despite Krasner’s lawsuit warning letter last month from the Justice Department, sometimes handing out large checks to registered voters at events supporting Trump.

And just hours before that, America PAC made at least its 12th payment of $1 million a woman from North Carolina “for signing our petition in support of the Constitution.”

“Each day leading up to Election Day, a person who signs up will be chosen to earn $1 million as America PAC Spokesperson,” X posted, showing a woman holding a check with her husband and child.

Critics question whether the winners are random

Legal experts have suggested that the payments, which Musk announced on Oct. 19 at a Trump rally in Pennsylvania, are an illegal attempt to pay people to register and vote for the former president.

Musk denied this, saying that any registered voter who would provide their personal information and pledge to uphold the First and Second Amendments by signing the petition could be randomly selected to win.

Signatories pledge to uphold the First Amendment, which guarantees freedom of speech, and the Second Amendment, which covers gun rights. That’s a conservative concern, and critics say it reveals the petition’s true intent: to collect contact information for Republican-leaning voters in time for Election Day to help get out the vote.

Krasner’s lawsuit also accuses Musk of falsely claiming that the winner was randomly selected, stating that “several of the winners that were selected were individuals who appeared at Trump rallies in Pennsylvania.”

The complaint alleges that Musk’s campaign payment violates a Pennsylvania law that requires all lotteries to be regulated by the government. It also claims that Musk and his PAC America are violating Pennsylvania consumer protection laws because they “failed to publish the full set of lottery rules or show how they protect the privacy of participants’ personal information.”

in his warning letterThe Justice Department said the giveaway could violate federal election law, which prohibits paying people to register to vote. Some legal experts also say the giveaway could violate the law because participants must be registered to vote.