Philadelphia DA Sues to Stop Elon Musk PAC Over $1 Million Giveaway
DA Larry Krasner claimed the giveaway “violates election and consumer protection laws.”
Philadelphia District Attorney Larry Krasner filed a lawsuit to stop Elon Musk’s America PAC from giving people $1 million to voters in swing states.
The PAC awards the money to those who signed a “petition in support of the First and Second Amendments.” It doesn’t require the person to vote.
Krasner claimed the giveaway “violates election and consumer protection laws.”
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.
And it is indisputably an unlawful lottery. Under unambiguous Pennsylvania law, all lotteries in Pennsylvania must be regulated by the Commonwealth of Pennsylvania. The Commonwealth’s lottery law establishes a lottery to be operated and administered by the state, for the benefit of those 65 years of age or older. 72 P.S. § 3761-101; 3761-303; 61 Pa. Code § 801.3. State regulations govern many aspects of the lottery, including the procedures for claiming prizes, the use of lottery funds, and even require the disclosure of the odds of a participant’s chances of winning. See 61 Pa. Code § 801.1, et seq. (regulations).
America PAC’s and Musk’s lottery is plainly not a lawful lottery. Under unambiguous Pennsylvania law, moreover, 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. For example, they have not published a complete set of lottery rules or shown how they are protecting the privacy of participants’ personal information. Also, though Musk says that a winner’s selection is “random,” that appears false because multiple winners that have been selected are individuals who have shown up at Trump rallies in Pennsylvania. The General Assembly’s consumer protection laws empower DA Krasner to seek an injunction to stop that misconduct as well.
Krasner pointed to a New York Times report citing Rep. Tony Gonzalez as saying, “Elon is literally campaigning every day in Pennsylvania.”
Krasner said the lawsuit “is not about state and federal laws that prohibit vote-buying.”
The Department of Justice warned Musk the giveaway might violate federal law.
However, as Musk said, it does not require anyone to vote. All you have to do is sign the petition.
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Comments
Rich guys throwing money into a race is cool when it benefits the prog borg… when it might benefit Orange Man Bad, not so much.
Only one side is allowed to buy votes. Thanks for clarification, Krasner.
So, by voluntarily giving up contact information, and making a “political pledge to support the Constitution, and freedom of speech and the right to bear arms,” the law has been broken?
Are they implying that support for, well, the Constitution, which every politician pledges to support, and every LEGAL immigrant pledges to obey as the “supreme law of the land” is solely a function of the Republican party? And of course, there is no requirement, only encouragement, to vote either way.
I think they are right. Otherwise, they could have no objection.
I am sure Elon is well prepared for this, probably planning to draw on the many “promises” of Biden and Harris to give out unconstitutional “forgivable loans” to black entrepreneurs and the illegal forgiveness of school loans.
I think the Philly DA should be the one that is scared.
So, every of the hundreds of political texts, emails and phone calls I get soliciting donations for the chance to win A, B or C, are illegal?
Because every blessed soul in this country clearly have my name, address and phone number already.
What the difference between a giveaway, a sweepstakes and a lottery, anyway?
I think the argument would be those aren’t a “lottery” because you have to
buy somethingdonate to win. You don’t have to with Musk’s deal.I think the law he’s quoting was probably written to crack down on those “Show up and give us your phone number/email to get a chance to win the condo of your dreams” timeshare gimmicks.
In many jurisdictions (unknown if PA included) the claim of “illegal lottery” can be defused by making a chance available without having to buy the chance or buy a product, etc. In this case no expenditure is required, and in most cases one needs to provide some contact information so that the organization can contact them with the news, should they win. Not all such “lotteries” use numbered tickets.
See my comment reply to Dolce Far Niente above. So many people loathe the time-share show-up-and-get-a-prize gimmick, they persuaded their states to pass laws against them. I think that’s what they’re using.
“…the use of lottery funds…”
This is the tip-off that the law applies to true lotteries – those games of chance in which the participants pay for entry. Musk’s “lottery” is likely not of the type of operation the law is meant to govern.
Also, could Musk merely change the operation? Instead of a lottery dictated by chance (as “lottery” suggest), maybe he should say that “winners will be chosen,” meaning literally “picked” rather than selected randomly.
Will he also sue Biden/Harris/Walz for forgiving student loans?
voter disenfranchising to the nth degree by lefty
It generally is NOT a lottery if there is no cost to enter.
Gubmint preventing someone from receiving $1m for free when they bore no cost to participate ‘protects’ them how, exactly?
While I am not a lawyer, I have had extensive experience in what constitutes a “lottery”. One aspect for it to be a true lottery is that the participant must provide something of “value” in order to take part. Usually, this is in the form money, but can also be time/effort. For example, if Musk required those participating to travel or spend time acquiring information (going from place to place to get “clues” or tokens of some type), that effort could constitute “value”. Certainly, if the participant’s vote was required, that would be something of “value”, and the DA might then have a case.
Pennsylvania is especially strict on lottery law. However, signing a petition in order to qualify for the prize constitutes neither a monetary nor “time/effort” element that would cause the giveaway to run afoul of even Pennsylvania’s laws. This looks more like a Democrat politician attempting to disrupt Musk’s scheme for purely partisan reasons.
He’s not buying votes. He is buying addresses and emails. Those are things companies like Google just take without compensation.
“You’re wondering, Mr. Bond, how much that fish tank cost- one million dollars!”
1) Musk is not only the wealthiest man on earth, he’s clearly amongst the most intelligent.
2) Musk has at his disposal the most competent legal advice money can buy.
3) Musk would not give away $5 without risk/benefit analysis and legal clearance, never mind several iterations of millions.
4) We can therefore infer that there is a mission behind this effort. It would not surprise me that Musk fully expected to be sued. He may have been fishing for exactly this action.
5) Discovery can be a b!tch.
Elon needs to release a statement immediately, saying that “the deal has been altered,” and Pennsylvania voters are no longer eligible to win the million dollars. That it’s all because Larry Krasner says it’s illegal, and you can contact him on this cell phone.
add Biden-Harris DOJ lawsuit to the press release.
Or vote against him at the ballot box.
“Because we don’t like you, and you’re doing something we don’t like, it may be illegal.”
Show me the money in the form of abolished income tax.
Easy litmus test – is the Publisher’s Clearing House giveaways legal in Pennsylvania?
Answer: It is legal in all states. Case closed.
Yeahbut, maybe they have filed for a license in PA.
If PA.wants to ensure that no one gives up their email, address or phone number involuntarily …..they got several decades of work to catch up on. /S?