Elon Musk’s pro-Trump organisation does not select the recipients of its $1 million-a-day giveaway to registered voters at random; instead, it chooses individuals who would serve as effective spokespeople for its agenda, a lawyer for Musk revealed on Monday.
Chris Gober, representing Musk, argued before a Pennsylvania judge that the giveaway was not an “illegal lottery” as alleged by Philadelphia District Attorney Lawrence Krasner, who has filed a lawsuit to halt the contest ahead of Tuesday’s US presidential election.
During the hearing before Judge Angelo Foglietta, Gober stated, “There is no prize to be won, instead recipients must fulfil contractual obligations to serve as a spokesperson for the PAC.”
This hearing in the key swing state comes just a day before Democratic Vice President Kamala Harris and Republican former President Donald Trump are set to compete in the closely contested election. Musk and his political action committee (PAC) are supporting Trump.
The Tesla CEO’s giveaway is exclusively available to registered voters in the seven battleground states likely to decide the election – Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, and Wisconsin. America PAC announced that its last two winners would be from Arizona and Michigan, indicating that Musk could continue the giveaway even if Foglietta orders the lottery to be stopped.
However, in his testimony, Krasner stated he would seek financial penalties against Musk and America PAC. He clarified he would not attempt to reclaim the money already awarded to the 16 winners of the contest.
Since October 19, Musk has been awarding a $1 million cheque daily to a voter randomly selected from those who signed his petition supporting free speech and gun rights. Musk, who has become an outspoken Trump supporter this year, has been promoting the former president on his X social media platform.
Krasner, a Democrat, initiated a lawsuit against Musk and his PAC in state court on October 28, accusing them of running an illegal lottery in violation of state consumer protection laws.
A lawyer from Krasner’s office, John Summers, described Gober’s statements as a “complete admission of liability.”
Summers remarked, “We just heard this guy say, my boss, my client, called this random.
“We promised people that they were going to participate in a random process, but it’s a process where we pre-select people.”
According to reports, Summers then presented the court with a video clip of Musk at an October 19 Trump rally, in which Musk declared that America PAC would “randomly” award $1 million to petition signers every day until the election. In the video, Musk also mentioned that the winners would be required to serve as spokespeople for the PAC.
Philadelphia, the largest city in Pennsylvania, is among the seven battleground states critical to the outcome of the race between Trump and Harris. The winning candidate in the state will secure its 19 electoral votes out of the 270 needed to win the election.
The giveaway operates in a legal grey area concerning election laws, with experts divided on whether Musk’s actions violate federal laws against paying people to register to vote.
Media reports indicate that the U.S. Department of Justice has cautioned America PAC that the giveaway could breach federal law, although federal prosecutors have not taken any public action.
To date, Musk has contributed nearly $120 million to America PAC, according to federal disclosures.
The Trump campaign heavily relies on external groups for voter outreach, meaning the super PAC founded by Musk, the world’s richest man, plays a significant role in what is expected to be a very close election.
Frances Ibiefo
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