Elon Musk’s America PAC can continue awarding $1 million daily to select swing-state voters through Election Day, as ruled on Monday by Pennsylvania Judge Angelo Foglietta.
The PAC has already awarded $16 million to voters in key battleground states who signed Musk’s political petition, with final recipients scheduled to be announced from Arizona and Michigan before the election concludes on Tuesday.
This decision came after a court hearing where America PAC’s director, Chris Young, revealed that winners were chosen based on their alignment with the PAC’s pro-Trump agenda, not at random as previously suggested. Young testified that the selection process was meant to find effective spokespeople for the group, explaining, “We make sure they were someone whose values aligned with the group”.
Musk’s attorney, Chris Gober, stated that recipients “are not chosen by chance,” adding, “We know exactly who will be announced as the $1 million recipient today and tomorrow”.
The PAC’s campaign, which launched on October 19, invited voters in battleground states like Pennsylvania, Arizona, and Michigan to sign a petition supporting free speech and gun rights in exchange for eligibility in the sweepstakes.
Philadelphia District Attorney Larry Krasner filed a lawsuit on October 28 to halt the program in Pennsylvania, arguing that the financial incentives could be deemed an “illegal lottery.” Krasner criticized the PAC’s methods, saying in court that they amounted to “one of the greatest scams of the last 50 years” if the selection was not truly random.
Despite the ruling, Krasner maintained that the PAC’s approach raised ethical concerns, particularly regarding how participant data might be used in the future. Over a million voters registered for the sweepstakes by signing the petition, and Krasner warned, “They were scammed for their information. It has almost unlimited use,” cautioning that the PAC’s access to data from swing-state voters could influence the election even beyond the initial contest.
The PAC’s campaign comes as Musk, a prominent supporter of former President Donald Trump, has ramped up his political influence, reportedly donating nearly $120 million to America PAC for election-related activities. In court, Musk’s legal team contended that the initiative constituted “core political speech” due to the PAC’s mission of advocating for constitutional rights. Attorneys argued that the sweepstakes was not a traditional lottery but a legitimate mobilization strategy for their endorsed candidates.
With both Trump and Vice President Kamala Harris focusing campaign efforts on Pennsylvania’s 19 critical electoral votes, the state remains one of the most contested battlegrounds. Legal experts are divided on whether the giveaway violates federal election laws that prevent incentivizing voter registration, with the U.S. Department of Justice issuing prior warnings. However, federal prosecutors have not yet taken any public actions against America PAC.
According to court exhibits, recipients are set to receive their $1 million awards by November 30, following the terms outlined in non-disclosure agreements.
