Philadelphia DA Sues to Stop Elon Musk PAC Over $1 Million Giveaway

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.”

From the lawsuit:

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.

Tags: 2024 Presidential Election, Elon Musk, Pennsylvania

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