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Philadelphia District Attorney Larry Krasner sued Elon Musk and his political action committee Monday to stop them from giving away $1 million each day to a swing state registered voter who signs their petition.
“America PAC and Musk are lulling Philadelphia citizens – and others in the Commonwealth (and other swing states in the upcoming election) – to give up their personal identifying information and make a political pledge in exchange for the chance to win $1 million,” according to the legal complaint.
“America PAC’s and Musk’s lottery is plainly not a lawful lottery,” the lawsuit states.
The lottery violates Pennsylvania’s law requiring all lotteries in the state to be regulated by the government, according to the complaint. It also allegedly violates Pennsylvania consumer protection laws because Musk and his America PAC “have not published a complete set of lottery rules or shown how they are protecting the privacy of participants’ personal information.”
Musk and the PAC didn’t immediately respond to a request for comment.
Winners not random?
Signatories to the petition pledge to support the First and Second Amendments, which deal with constitutional rights on speech, religion, and guns.
The lawsuit accuses Musk of falsely claiming the winner is randomly selected, stating that “multiple winners that have been selected are individuals who have shown up at Trump rallies in Pennsylvania.”
Musk is publicly supporting former President Donald Trump, the Republican nominee.
Musk and the PAC are also promising to pay $100 to registered voters who sign the petition, but the district attorney’s office believes they haven’t made those payments, according to the lawsuit.
Justice Department warning
The U.S. Justice Department has already sent the PAC a warning letter, saying the giveaway could violate federal election law, according to a Wednesday CNN report.
Federal law prohibits paying people to register to vote, and some legal experts say the giveaway could violate that law because you have to be registered to sign the petition.
Musk appeared unperturbed by that reported warning last week. While the PAC didn’t announce a winner Wednesday, it announced two winners Thursday.
Krasner is asking the Philadelphia County court of common pleas for an order that would prohibit Musk and his PAC from continuing to engage in “any unfair or deceptive acts or practices in connection with their lottery.”
