Background on the Giveaway: America PAC, founded by Musk, has awarded $1 million daily to registered voters in swing states who sign a petition supporting the First and Second Amendments. This initiative launched on October 19 and is set to conclude on Election Day.

Legal Battle in Pennsylvania: Philadelphia’s District Attorney, Larry Krasner, argues the giveaway is an illegal lottery designed to influence voters. Krasner’s lawsuit sought an emergency halt to the program, but Judge Angelo Foglietta allowed it to continue, stating he would explain his reasoning in a forthcoming order.

America PAC’s Defense: America PAC claims its $1 million recipients are not randomly chosen, as Musk initially stated, but are selected based on their suitability as spokespeople for the PAC’s pro-Trump values. Musk’s legal team argues this makes the payments “salaries” rather than lottery prizes, sidestepping Pennsylvania’s lottery laws.

How Recipients are Selected: Chris Young, America PAC’s director, testified that recipients are vetted through background checks, social media reviews, and in-person meetings. He emphasized the organization’s intention to recruit individuals whose values align with the PAC’s political message.

Conflicting Messages: Musk’s previous comments suggested a random selection process, a claim that sparked further scrutiny. A video from an October rally captured Musk describing the giveaway as a random drawing, despite America PAC’s assertion that winners are carefully chosen.

Federal Concerns: The U.S. Department of Justice issued a warning to Musk’s PAC, noting that the program may violate federal laws against paying voters. Although federal prosecutors have not taken action, the warning has raised questions about the giveaway’s legality under election law.

America PAC’s Impact on Swing States: Musk’s financial backing has elevated America PAC’s influence in critical battlegrounds where the race between Vice President Kamala Harris and Donald Trump remains close. With $120 million from Musk, America PAC has awarded $17 million to swing-state voters.

Closing Argument from Krasner’s Office: Prosecutors argue the giveaway is a sophisticated scheme to sway the election by misleading voters about the nature of the payments. Krasner described the defense’s explanations as “amazingly disingenuous,” arguing the PAC is skirting the law.

Conclusion of the Program: As Election Day marks the final day of the contest, no additional payments will be made in Pennsylvania. The judge confirmed with both parties that the promotion would end as scheduled.