Pennsylvania judge allows Elon Musk's $1 million voter giveaway

A Pennsylvania state judge on Monday allowed Elon Musk's $1 million-a-day giveaway to swing state voters to proceed, after a surprising day of testimony in which the billionaire's aide acknowledged his political group selected the contest's winners.

With one day to go before the tightly contested U.S. presidential election between Democratic Vice President Kamala Harris and Republican Donald Trump, lawyers for Musk's pro-Trump America PAC sought to persuade Judge Angelo Foglietta that the contest was not an "illegal lottery," as Philadelphia's top prosecutor alleged.

Lawyers for America PAC and its director, Chris Young, said the group doled out the funds based on who would be the best spokespeople for its pro-Trump agenda, despite the billionaire's assertion that winners would be chosen randomly.

Tesla CEO Musk has already given away $16 million to registered swing state voters who qualified for the giveaway by signing his political petition. His group, America PAC, announced a winner from Arizona on Monday and said the final winner, from Michigan, will be announced on Election Day on Tuesday.

America PAC launched the contest on October 19. It is open to registered voters in seven key battleground states—Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin—who sign a petition pledging to support free speech and gun rights.

Philadelphia District Attorney Larry Krasner, a Democrat, on October 28 sued to block the contest in Pennsylvania, alleging the payouts amounted to an illegal lottery with hazily defined rules. Krasner said in court he would also seek financial penalties.

Foglietta denied Krasner's bid in a brief written order and said he would lay out his reasoning later.

Musk's lawyer, Andy Taylor, accused Krasner's office of trying to stifle the rights of Pennsylvanians by preventing them from signing the petition.

"They're trying to restrain citizens of Pennsylvania from signing a free speech and right to bear arms petition," Taylor said during a closing argument.

Musk became an outspoken Trump supporter this year and has promoted the former president on his X social media platform. He has so far given nearly $120 million to America PAC to promote its voter mobilization and registration efforts, according to federal disclosures.

Pennsylvania's 19 electoral votes will be critical in determining which candidate wins the 270 votes required to be declared the winner.