Philadelphia District Attorney Larry Krasner is suing to stop a $1 million daily giveaway from Elon Musk’s pro-Trump political group, saying the contest is “indisputably an unlawful lottery” that violates Pennsylvania’s consumer protection laws.
The Justice Department last week warned Musk’s group, America PAC, that the contest could be illegal, but the group has continued awarding a daily $1 million prize to registered voters in one of seven swing states who sign a petition to support free speech and the right to bear arms.
The lawsuit is the first legal challenge to America PAC’s contest, according to the Philadelphia Inquirer, which first reported the story.
Krasner says the contest violates Pennsylvania’s unfair trade practices and is seeking an injunction, according to court documents.
“Running an illegal lottery and violating consumer protections is ample basis for an injunction and concluding that America PAC and Musk must be stopped, immediately, before the upcoming Presidential Election on November 5,” the complaint states.
“To be clear, this is not a case about whether Defendants have violated state or federal laws prohibiting vote-buying. Instead, this case is very simple because America PAC and Musk are indisputably violating Pennsylvania’s statutory prohibitions against illegal lotteries and deceiving consumers,” it added.
Musk’s PAC announced a week ago that the lottery would be open to voters registered in seven swing states — Pennsylvania, Georgia, Nevada, Arizona, Wisconsin, Michigan and North Carolina — where Vice President Kamala Harris and former president Donald Trump, whom Musk supports, remain locked in tight races.
People can also receive $47 if they refer a registered voter to sign the petition in support of the First and Second Amendments, according to the America PAC website.
Krasner’s lawsuit also alleges that Musk and America PAC have especially targeted Pennsylvania to influence voters in the critical battleground state, noting that the website is offering $100 — rather than $47 — to Pennsylvania registered voters for providing their personal data and signing the petition.
That amount “is more money than what is offered to voters in other battleground states (e.g., Georgia, Nevada, Arizona, Michigan, Wisconsin, or North Carolina),” the complaint states. “Second, the website claims that a Pennsylvania participant and petition signer who refers another Pennsylvania registered voter to provide personal data and sign the America PAC petition will receive $100, which is also more money than that offered for referrals in other battleground states.”
Musk has defended the petition online, saying voters who want to be eligible for the $1 million prizes do not need to register as Republicans or vote in the Nov. 5 election.
“The only thing we ask for the million dollars is that you be a spokesperson for the petition. And that’s it really. That’s it,” Musk said when he awarded the first $1 million prize.
Federal law prohibits groups and individuals from bribing people to register to vote, and some election law experts said Musk’s petition is a disguised voter drive in which he is essentially bribing people to register. The law that experts warn Musk could be violating carries a $10,000 fine and up to five years in prison.
It’s not uncommon for the Justice Department to send letters to businesses or individuals, warning of potentially illegal behavior. The letters do not indicate that a criminal investigation is ongoing but are intended to deter the potentially illicit behavior. The letter to America PAC was sent from the agency’s Public Integrity Section, which oversees the federal prosecutions of public officials and election crimes.
Former Republican lawmakers, advisers and Justice Department officials this week called on Attorney General Merrick Garland to investigate Musk. They said in the letter to Garland and Pennsylvania Attorney General Michelle Henry (D) that Musk was flouting election laws with the contest.
“We are aware of nothing like this in modern political history,” the letter from the former officials says of Musk’s offers. “We urge you to investigate whether America PAC’s payments are prohibited payments for voter registration. We recognize that they are framed as payments for signing a petition, or for referring voters who sign. But many of the payments are restricted to registered voters, so anyone who wishes to get paid must first register.”
Musk, the world’s richest man, pumped nearly $75 million into America PAC, which was formed this spring, making him one of the biggest donors of this year’s election cycle. The billionaire has been closely involved with the group’s strategy, including by overseeing sudden tactical changes and the firing of some vendors working on its campaigning efforts.