Philly Judge Rules Elon Musk Can Continue $1 Million A Day Giveaways To Swing State Voters Through Election – Update

A Philadelphia Common Pleas Court Judge Angelo Foglietta ruled today that billionaire Elon Musk’s PAC can keep giving away $1 million a day to registered voters in swing states through Tuesday’s election, basically mooting a case filed last week.

Philly DA Larry Krasner had sued Musk calling the giveaways in swing state Pennsylvania an ‘illegal lottery.” Last Thursday, the same judge put the case on hold as Musk’s team insisted it should be under Federal jurisdiction.

Today, in another ruling, Foglietta said the sweepstakes can continue through the election tomorrow.

According to an AP report, Musk’s lawyers told the court today that the winners of the sweepstakes did not win by chance, calling them paid spokespeople for the political action committee.

Musk lawyer Chris Gober said the final two recipients before Tuesday’s presidential election will be in Arizona on Monday and Michigan on Tuesday.

PREVIOUSLY: A judge in a Philadelphia court today declined to move forward with a case filed Monday by the city’s District Attorney Larry Krasner alleging the Tesla billionaire and Donald Trump supporter’s $1 million giveaways to voters in swing states is effectively an illegal lottery.

The case pertained only to Pennsylvania, whose 19 electoral votes are key to next week’s contest.

Judge Angelo Foglietta at a hearing this morning declined to move forward as the federal court decides whether to take up the case, according to press reports. Krasner had insisted in his suit that the issue is clearly under local jurisdiction. Musk, who had been ordered to appear today but was a no show, reports said, countered that the case should be a federal matter. His lawyers filed a “motion of removal” in federal court late Wednesday night.

Musk has been offering $1 million every day until the Nov. 5 presidential election to registered voters in battleground states who sign a petition he created supporting the Constitution. The awards alarmed some election law experts as federal rules bar anyone from paying another person to vote or register to vote.

The decision today likely means the SpaceX founder can continue the cash gifts through the election next Tuesday.

“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, his office said when it launched the civil action on Oct. 28.

“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.”