Musk's lawyer says $1 million winners are "spokespeople" not chosen by chance
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Elon Musk awards Judey Kamora with $1,000,000 during an America PAC town hall on Oct. 26 in Lancaster, Pennsylvania. Photo: Samuel Corum/Getty Images
Elon Musk's attorney argued in a Philadelphia courtroom Monday that the tech mogul's $1 million-a-day sweepstakes winners are not chosen at random but instead are earning payment for acting as a spokesperson, multiple outlets reported.
Why it matters: Musk, one of former President Trump's biggest backers, found himself in hot — but murky — legal waters over the attention-grabbing giveaway after Philadelphia District Attorney Larry Krasner (D) filed a lawsuit over the contest. But Judge Angelo Foglietta reportedly denied the request.
- Musk pledged to hand out $1 million daily to registered swing state voters who sign his America PAC's petition in favor of the First and Second Amendments.
- The Justice Department warned Musk last month that the incentive could violate federal laws against paying people to register to vote. That didn't stop the super PAC from announcing more winners.
Driving the news: Musk's lawyer Chris Gober argued the giveaway is not an illegal lottery under Pennsylvania law, since the giveaway winners are not chosen "by chance," per AP.
- "We know exactly who will be announced as the $1 million recipient today and tomorrow," he told the judge. Nov. 5, Election Day, is the final day of the giveaway, and the winner will not be from Pennsylvania.
- He said the winners are chosen based on their personal stories and "suitability to serve," CNN reported.
The other side: Krasner lambasted the sweepstakes as a scam and as "political marketing masquerading as a lottery" that should be shut down.
- He argued the PAC provided no rules or published privacy policies regarding the information collected from voters, which he said has almost "unlimited use."
Catch up quick: Musk was ordered to appear in court last week but filed a "motion of removal" asking for the case to be moved before a federal judge — which was ultimately rejected.
- He did not attend the hearings on Thursday or Monday.
Musk has defended the giveaway on X, writing in response to one critical post, "You can be from any or no political party and you don't even have to vote."
What's next: According to the online petition, an "earner" from Michigan will be revealed on Election Day.
- Following backlash, Musk's Super PAC reframed its messaging regarding the giveaways, explaining that "a registered swing state voter who signs the petition will be selected to earn $1M as a spokesperson for America PAC," in line with the arguments made in court Monday.
- Foglietta will give a reason for denying Krasner's lawsuit at a later date, per Reuters.
Go deeper:
- Musk's "unparalleled" efforts to put Trump back in the White House
- What Elon Musk's conversations with Putin could mean for the U.S. government
Editor's note: This story has been updated with information regarding the judge's decision after the hearing.
