Philadelphia DA Sues Elon Musk Over “Illegal Lottery” For Million-Dollar Giveaways To Swing State Voters
The District Attorney Of Philadelphia Larry Krasner has brought the first lawsuit against Elon Musk for million-dollar sweepstakes the avid supporter of Donald Trump is fronting through his America PAC.
Musk has been offering $1 million every day until election day on Nov. 5 to an individual voter in a battleground state who signs a petition supporting the Constitution — awards some election law experts say violate federal law barring anyone from paying another person to vote or register to vote.
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Winning the award requires contestants to be registered to vote in one of a handful of swing, or battleground states. Pennsylvania is the biggest of them with 19 electoral votes.
“The Philadelphia District Attorney is charged with protecting the public from public nuisances and unfair trade practices, including illegal lotteries. The DA is also charged with protecting the public from interference with the integrity of elections,” Krasner’s office said in a statement posted on its website.
The civil lawsuit in a Philadelphia court comes just over a week before election day. It doesn’t directly apply to the other swing states whose residents are eligible for the $1 million.
In his statement announcing the lawsuit, Krasner characterized the $1 million prize as a “lottery,” which would make it more heavily regulated. Musk has cast the money as a prize.
“Today, the Philadelphia DA filed a civil legal action under Pennsylvania law. This civil action neither precludes nor requires potential future action under Pennsylvania criminal law,” the DA’s website said. “The Philadelphia DA will litigate the factual allegations and legal arguments that underlie today’s filing on the record and in court.”
The suit recalls the October 19, rally, Musk’s X platform and America PAC’s website where the PAC and Musk “launched their scheme”.
“They announced that if a registered voter (1) turns over their personal identifying information (i.e., address, cell phone number and e-mail address) and makes a political pledge by signing a petition pledging support for “the Constitution, especially freedom of speech and the right to bear arms”; they (2) are eligible to be selected “randomly”; to (3) win $1 million.
“This announcement came after America PAC launched, on October 7, a “Petition in Favor of Free Speech and the Right to Bear Arms,” with an offer to pay individuals—including Pennsylvania registered voters —“$47 for each registered voter you refer that signs this petition,” which was later raised to $100 for Pennsylvania registered voters. 4. In other words, 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. That is a lottery” but “plainly not a lawful lottery under unambiguous Pennsylvania law.
“The Pennsylvania General Assembly has declared that illegal lotteries are a public “nuisance” and empowered law enforcement officers such as DA Krasner to seek an injunction in court to stop them.
“America PAC’s and Musk’s illegal lottery scheme also violates the Commonwealth’s consumer protection laws. In connection with their scheme, they are deploying deceptive, vague or misleading statements that create a likelihood of confusion or misunderstanding.”
The suit also asserts “there is no federal jurisdiction over this dispute. This is a Pennsylvania law matter, not a federal question. It is for this state court to interpret the Commonwealth’s laws.”
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