Larry Krasner, Philadelphia’s progressive district attorney, is taking legal action in civil court against Elon Musk in an attempt to shut down his Donald Trump-supporting political action committee’s $1 million-a-day sweepstakes.
America Political Action Committee, a group Musk founded and funded, has been giving out the daily cash prize to swing state voters who have signed the organization’s online petition pledging support for the First and Second Amendments, which guarantee rights to free speech and bear arms.
The arrangement has sparked legal concerns, and Krasner’s attorneys, in a lawsuit filed Monday in the city’s Court of Common Pleas, alleges that the promotion constitutes an “illegal lottery” that is being used to gather the personal details and contact information of voters.
Pennsylvania law strictly regulates lotteries and other gambling operations, and Krasner said in a statement that he, as district attorney, has the power to go after “public nuisances and unfair trade practices.”
“The lottery interferes with a public right to vote without undue influence and otherwise injects illegal activity into the integrity of the electoral process,” the District Attorney’s Office said in an application for an emergency injunction.
Krasner wants a judge to order Musk and America PAC to close the sweepstakes prior to next week’s election. A hearing is scheduled Friday, Nov. 1, at City Hall.
An attempt to reach the PAC’s Pennsylvania chapter was unsuccessful. Musk commented “interesting” while retweeting a post Monday accusing Krasner of corruption for his campaign’s ties to billionaire George Soros.
The PAC on Monday announced a 10th winner – a man from Michigan shown in a photograph wearing an American flag suit – on X, formerly known as Twitter, the social media platform Musk owns.
Four Pennsylvanians have won the prize, according to the organization’s website. In addition to the commonwealth, the drawing is only open to registered voters in Georgia, North Carolina, Nevada, Arizona, Michigan and Wisconsin.
The DA’s Office, in its complaint, asserts that no lottery is legal unless it is expressly authorized by law. In addition, they allege that the PAC’s giveaway has not published rules or information about how participants’ personal information is being safeguarded.
Krasner’s legal team, in the complaint, also questions the randomness of the lottery, given that multiple winners happened to be attending PAC events in-person when the results were revealed.
In addition to the sweepstakes, the PAC also promises to pay people who refer voters to the petition. A special promotion, exclusive to Pennsylvania and set to end at 11:59 p.m. Monday, offers $100 to anyone who signs or refers someone.
However, the DA’s Office alleges there is no evidence that the committee has paid anyone in connection with referrals or signatures.
Questions about the legality of the scheme have arisen since Musk launched the million-dollar sweepstakes at an Oct. 19 event in Harrisburg. CNN reported last week that the Justice Department warned the PAC that the lottery could be illegal.
Pennsylvania Gov Josh Shapiro, during an NBC News interview earlier this month, called the promotion “deeply concerning” and said law enforcement could look into the matter. State Attorney General Michelle Henry declined to comment on the issue when asked about it at an unrelated news conference last week.
Krasner, in a statement, said his lawsuit “neither precludes nor requires potential future action under Pennsylvania criminal law.”
After casting his ballot Monday in Delaware, President Joe Biden told reporters that the sweepstakes was “totally inappropriate.”
Musk, the CEO of Tesla and SpaceX, has been an outspoken supporter of Trump, speaking at the former president’s rally Sunday night at Madison Square Garden. The billionaire has contributed nearly $120 million to the America PAC since July, according to Reuters.
