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Philadelphia DA: Musk's $1M Giveaway an 'Illegal Lottery'

Clyde MorganMonday, Nov 4, 2024 12:58 pm ET
2min read
Elon Musk's controversial $1 million daily giveaway to registered voters in swing states has drawn the ire of Philadelphia District Attorney Larry Krasner, who argues that the scheme is an "illegal lottery." In a lawsuit filed on Monday, Krasner accused Musk and his pro-Trump group, America PAC, of running an "unlawful lottery" in violation of Pennsylvania law.


At the heart of the dispute is Pennsylvania's lottery law, which mandates that all lotteries must be operated and administered by the state. Musk's giveaway, however, is not run by the state, making it an illegal lottery under Pennsylvania law. Krasner's lawsuit alleges that Musk's giveaway violates this requirement, as it is run by a private entity, America PAC.


Krasner also contends that the giveaway is deceptive, with multiple winners being individuals who attended Trump rallies in Pennsylvania, suggesting a non-random selection process. This alleged deception violates Pennsylvania consumer protection laws, which prohibit deceptive, vague, or misleading statements that create a likelihood of confusion or misunderstanding.


The lawsuit comes days after the U.S. Department of Justice warned America PAC that its $1 million daily sweepstakes might violate federal election law. Federal law bars paying people to register to vote, and concerns have been raised that Musk's giveaway could incentivize voter registration or participation in exchange for financial gain.


Musk's giveaway targets specific swing states and registered voters, potentially influencing voter turnout and registration. By requiring petition signers to be registered voters in specific states, the giveaway effectively targets a subset of the population, raising concerns about vote-buying and election interference.


The fine print on Musk's super PAC website, requiring petition signers to be registered voters in specific states, further complicates the legality of the giveaway. This restriction, combined with the cash prize, could be seen as an incentive for voters to participate, potentially violating federal laws that bar paying people to register or vote.


The change in messaging around the giveaway, reframing it as payment for a job, may attempt to circumvent potential legal issues. However, this approach may not fully address the underlying concerns, as the fine print on Musk's super PAC website still requires petition signers to be registered voters in specific states.


The Justice Department's warning and Philadelphia DA's lawsuit could significantly impact Musk's $1M giveaway. The DOJ's letter, warning of potential federal law violations, and the lawsuit alleging an "illegal lottery" could prompt Musk to halt or modify the giveaway. If Musk persists, legal challenges could delay or disrupt the giveaway before Election Day, affecting voter engagement and registration.


In conclusion, Philadelphia DA Larry Krasner's lawsuit alleges that Elon Musk's $1 million daily giveaway to registered voters in swing states is an "illegal lottery" that violates Pennsylvania law and potentially federal election law. The giveaway's targeting of specific states and registered voters, combined with the change in messaging, raises concerns about vote-buying and election interference. The Justice Department's warning and the lawsuit could significantly impact the giveaway's legality and outcome before Election Day.
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