Philadelphia's district attorney has sued to block Elon Musk and his super PAC from holding any more $1 million giveaways.
In his suit, Larry Krasner argues that the daily sweepstakes, which the Tesla and SpaceX founder has held since Oct. 19, violates Pennsylvania lottery and consumer protection laws. Krasner is asking a judge to stop the contest before the Nov. 5 presidential election, since Musk "hatched (the) illegal lottery scheme to influence voters in that election."
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Musk has been hosting the sweepstakes through his America PAC committee, a conservative booster for Republican presidential candidate Donald Trump. Entry is only open to registered voters in seven swing states who sign a petition supporting the First and Second amendments of the U.S. Constitution. The form asks for mailing and email addresses, as well as cellphone numbers and first and last names. Musk's contest extends a "special offer" to Pennsylvania voters who sign the petition by Monday at 11:59 p.m.
Law experts quickly questioned the legality of this program. Federal statutes bar anyone from offering money in exchange for voting or registering to vote, on penalty of up to five years in prison. While Musk's contest does not require entrants to vote, they must be registered to do so. Legal scholars say this stipulation could be construed as a violation of election law.
Krasner's lawsuit does not hinge on Musk's potential vote-buying, but the contest's lack of state oversight. The DA cites Pennsylvania regulations that require any lottery "be operated and administered by the state." Musk and America PAC have held at least four drawings in Pennsylvania. Krasner further argues that the giveaway does not meet consumer protection law requirements by withholding the "complete set of lottery rules."
The district attorney also questioned whether the selection of a winner was truly random in his lawsuit, since "multiple winners that have been selected are individuals who have shown up at Trump rallies in Pennsylvania."
America PAC did not immediately respond to request for comment.
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