Lawsuit Filed Against Elon Musk Over $1 Million Voter Giveaway
Overview:
Philadelphia’s district attorney has filed a lawsuit against billionaire Elon Musk and his super PAC supporting Donald Trump’s candidacy over a controversial $1 million giveaway aimed at swing state voters. This marks the first known legal action concerning the sweepstakes, which has drawn significant scrutiny.
Details of the Lawsuit:
Philadelphia District Attorney Larry Krasner, a progressive Democrat, initiated the lawsuit in state court on behalf of the Commonwealth of Pennsylvania. The giveaway awards $1 million daily to a randomly selected voter from swing states who signs a petition on the PAC’s website. According to the Philadelphia Inquirer, nearly half of the winners so far have been from Pennsylvania.
Allegations Against Musk and America PAC:
The lawsuit claims that Musk and America PAC “must be stopped, immediately” from continuing the giveaway, alleging that they “hatched their illegal lottery scheme to influence voters” in the upcoming general election. This legal action follows a letter from the Justice Department warning the PAC that the giveaway may violate federal law, which prohibits paying or offering payment for voter registration or voting. Legal experts argue that Musk’s sweepstakes fits this description, as only registered voters can win.
State Violations:
Krasner contends that the lottery scheme also contravenes Pennsylvania law, which forbids lotteries not operated by the state. Furthermore, it allegedly breaches consumer protection laws by using “deceptive, vague or misleading statements that create a likelihood of confusion or misunderstanding.”
Response from Musk and America PAC:
As of now, Musk has not responded to requests for comment, while America PAC referred inquiries to a tweet showcasing the PAC’s latest $1 million winner. The group has persisted with the giveaway despite the DOJ’s warning.
Crucial Quote:
“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,” the lawsuit states. “That is a lottery. And it is indisputably an unlawful lottery.”
Musk’s Defense:
Musk has publicly defended the $1 million giveaway at recent campaign events, asserting that the petition is “not a petition to vote or to register.” The petition only requires signers to express support for the First and Second Amendments, with eligibility limited to registered voters in swing states. Musk described signing the petition as “kind of like a no-brainer.”
Potential Legal Consequences
What We Don’t Know:
Should Musk or his PAC be found in violation of the law, the implications are significant. The federal law prohibiting payments for voter registration is punishable by a $10,000 fine and/or up to five years in prison. While the lawsuit filed Monday is civil and seeks only to halt the giveaway, Krasner’s office indicated that it does not preclude potential future action under Pennsylvania criminal law.
Financial Impact:
As of October 16, Musk has contributed $118.6 million to America PAC, representing the majority of the PAC’s total fundraising of $130.3 million.
Background on Musk’s Political Involvement
Key Background:
Musk has positioned himself as a major ally of former President Donald Trump in the current presidential election, funneling significant resources into America PAC while participating in campaign rallies and supporting Trump on social media. If Trump wins, Musk’s businesses could stand to gain substantially. There have been discussions of Musk potentially being appointed as the “secretary of cost-cutting.” Musk initially supported Democrats but shifted his stance after endorsing Trump following the assassination attempt on the former president. The $1 million giveaways began in late October, after America PAC raised eyebrows by offering $47 to individuals who solicited swing state voters to sign the PAC’s petition.