A Pennsylvania judge ruled Monday that Elon Musk’s $1 million-a-day voter sweepstakes, hosted by his political action committee (PAC), can continue through Tuesday’s presidential election, The Associated Press reports.
District Attorney Larry Krasner, a Democrat, had filed a lawsuit seeking to shut down the sweepstakes, arguing it was a scam “designed to actually influence a national election.” He alleged that the process violated state election law and was not truly random, as Musk had initially promised.
Musk’s lawyers argued that the sweepstakes was “core political speech,” as participants sign a petition endorsing the US Constitution. They also said that the final two winners would be selected in Arizona on Monday and Michigan on Tuesday, rendering Krasner’s attempt to shut down the program in Pennsylvania moot.
Krasner had specifically cited Musk’s initial announcement of the sweepstakes during an appearance with Republican presidential nominee Donald Trump’s campaign in Harrisburg, Pennsylvania, on October 19.
However, testimony revealed that winners were chosen based on their willingness to act as spokespeople for the PAC, not through a purely random process.
The court heard evidence that the first three winners, all from Pennsylvania, were selected in the days leading up to the state’s October 21 voter registration deadline. Other winners have been chosen from key battleground states such as Wisconsin, Nevada, Arizona, Georgia, North Carolina, and Michigan.
Despite more than 1 million people registering for the sweepstakes in the seven states by signing a petition supporting the first two amendments to the US Constitution, it remains unclear if any participants have yet received the $1 million prize. The PAC has pledged to distribute the money by November 30.
Krasner, noting that he personally drives a Tesla, the electric vehicle company owned by Musk, stated that he could still consider criminal charges against the PAC. He also said he might seek civil damages for Pennsylvania residents who registered for the sweepstakes.
Musk, who is also the CEO and largest shareholder of Tesla, owns the social media platform X (formerly Twitter) and the rocket ship maker SpaceX.
Pennsylvania remains a key battleground state with 19 electoral votes. Both Trump and Democratic Vice President Kamala Harris have repeatedly visited the state in the final hours of the campaign.