Elon Musk can keep giving away $1m to voters in battleground states, a judge has ruled – as a lawyer admitted the winners aren’t chosen randomly.
Musk – a supporter of Republican candidate Donald Trump – launched the giveaways last month via America PAC, his political action committee (PAC).
He has already handed out $16m in the scheme, which is open to registered voters in seven key battleground states – Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin – who sign a petition pledging to support free speech and gun rights.
On Monday, Pennsylvania Judge Angelo Foglietta ruled the giveaways could carry on, rejecting a district attorney’s request that he shut it down because it allegedly violated state election law.
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Philadelphia District Attorney Larry Krasner, a Democrat, said it was “a political marketing masquerading as a lottery”, adding “That’s what it is. A grift.”
Judge Foglietta did not explain his ruling on the matter but Chris Gober, a lawyer for America PAC, had argued the winners are not chosen by chance and are instead hand-picked based on who would be the best spokespeople for the group – despite Musk’s assertion that they would be chosen randomly.
Mr Gober said the final two winners before Tuesday’s presidential election will be in Arizona on Monday and Michigan on Tuesday.
He said the recipients “are not chosen by chance”, adding: “We know exactly who will be announced as the recipient today and tomorrow.”
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America PAC director Chris Young said recipients are vetted ahead of time to “feel out their personality, (and) make sure they were someone whose values aligned” with the group.
In closing arguments, Musk’s legal team said it was “core political speech” as anyone taking part had to sign a petition endorsing the US Constitution.
Given there will be no more Pennsylvania winners before the programme ends, Musk’s lawyers said any legal bid to stop it under Pennsylvania law was irrelevant.
Launching the plan in the state on 19 October, Musk said they would be “awarding a million dollars randomly to people who have signed the petition every day from now until the election.”
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The following day, he said in a social media post shown in court that anyone signing the petition had “a daily chance of winning one million dollars!”
Musk did not attend the hearing.