PHILADELPHIA (AP) — An effort by Pennsylvania’s prosecutor to halt Elon Musk’s $1 million-a-day voter sweepstakes transitioned to federal court on Thursday, following a state judge’s hearing that Musk did not attend. This lawsuit was initiated by Democratic District Attorney Larry Krasner.
During the hearing, Judge Angelo Foglietta noted that Musk, as a key defendant, should have been present. However, he chose not to impose any immediate penalties against the billionaire. Musk’s attorney, Matthew Haverstick, defended his absence by stating that Musk’s busy schedule prevented him from showing up just hours after the hearing was announced. Krasner’s team contested this, prompting Judge Foglietta’s witty response: “Counsel, he’s not going to get in a rocket ship and land on the building.”
Philadelphia’s district attorney is attempting to terminate a $1 million-a-day sweepstakes designed to promote Donald Trump’s presidential campaign. AP correspondent Donna Warder reports.
The substantial cash giveaways are part of Musk’s political organization, which seeks to support Donald Trump’s presidential bid. After his legal team highlighted the involvement of potential federal election interference, Judge Foglietta paused the state case pending further developments in the federal court. The case is now assigned to U.S. District Judge Gerald J. Pappert, a Republican and former Pennsylvania attorney general, who was appointed to the federal bench by President Barack Obama. Currently, no hearings have been scheduled in federal court.
On the same day, Krasner submitted a petition to revert the case back to state court in Philadelphia, where he initially filed the lawsuit on Monday. The lawsuit claims that Musk and his political action committee (PAC) are conducting a questionable lottery during a critical period leading up to Tuesday’s election.
During the hearing, Krasner’s attorneys pointed out that several of the lottery winners appeared to be from Pennsylvania — a vital state in the closely contested presidential race between Trump and Vice President Kamala Harris. “Is it just a coincidence that this state has the largest number of electoral votes? I don’t think so,” argued lawyer John Summers.
Musk’s America PAC has claimed to have issued 13 checks of $1 million, beginning with the first in Harrisburg, Pennsylvania, on October 19. Winners have also emerged from key battleground states such as Wisconsin, Nevada, Arizona, Georgia, North Carolina, and Michigan.
Krasner’s legal team emphasized that despite the pending legal action, Musk and America PAC continued to openly run the lottery even on Thursday morning, with the sweepstakes aimed at registered voters in competitive states who sign a petition supporting the Constitution. “They’re doing things in the dark,” Summers told the judge. “We don’t know the rules being followed. We don’t know how they’re supposedly picking people at random… It’s an outrage.”
Concerns have been raised by election law experts regarding the legality of offering monetary prizes for votes, as it could violate federal laws prohibiting such practices. Musk has described the funds as both a reward and compensation for work done as a spokesperson for the PAC.
Krasner mentioned that he is considering possible criminal charges, as it is his duty to uphold the integrity of lotteries and elections. He believes that the defendants are clearly violating Pennsylvania’s lottery legislation.
What to know about the 2024 Election
As both Trump and Kamala Harris intensify their campaigns in Pennsylvania for its 19 electoral votes, Musk has significantly aligned himself with Trump this election season. He argues that the stakes for civilization are exceedingly high and has undertaken a substantial get-out-the-vote initiative for Trump through his super PAC, which can raise and spend unlimited amounts.
Musk has pledged over $70 million to the super PAC aimed at supporting Trump and other Republican candidates in the upcoming election.
___ Associated Press reporter Mark Scolforo contributed to this report.
