Philadelphia District Attorney Larry Krasner filed a civil lawsuit Monday against Elon Musk and his pro-Trump group, America PAC, over daily $1 million giveaways to registered voters in swing states. Krasner alleges that the scheme may constitute an illegal lottery and could interfere with election integrity.
“The Philadelphia District Attorney is charged with protecting the public from public nuisances and unfair trade practices, including illegal lotteries,” Krasner, a Democrat, said in a statement. “The DA is also charged with protecting the public from interference with the integrity of elections.”
Krasner's office argued that Pennsylvania law requires all lotteries to be "operated and administered by the state" and that Musk's giveaways must end because the billionaire tech mogul is operating outside those boundaries.
Additionally, the civil lawsuit contested whether Musk's winners were actually selected at random, saying that "appears false because multiple winners that have been selected are individuals who have shown up at Trump rallies in Pennsylvania."
The civil action does not automatically preclude criminal charges, Krasner noted, explaining that “this civil action neither precludes nor requires potential future action under Pennsylvania criminal law. The Philadelphia DA will litigate the factual allegations and legal arguments that underlie today’s filing on the record and in court.”
Some legal experts have suggested that the scheme by Musk could constitute an illegal bribe, as federal law prohibits offerings such as payments in exchange for registration to vote, while others, such as UCLA School of Law political science professor Rick Hasen, have suggested offerings such as free rides to polling stations or paid leave on Election Day is permissible within the law.
David Gelman, a former prosecutor and Trump campaign legal surrogate, told the Washington Examiner the lawsuit "has no legal basis," calling Krasner a "George Soros-funded district attorney" that has been the "weakest DA the city of Philadelphia has ever had."
"The crime in Philadelphia is beyond rampant. Murders are happening multiple times a day, and this is what Krasner thinks is important," Gelman said, adding that Musk's giveaway is "not a lottery."
A court hearing on Krasner’s application for a preliminary injunction against Musk and the PAC that would block them from continuing the daily award was set for Friday morning in Philadelphia.
America PAC, which Musk has used to promote former President Donald Trump, initiated the giveaways earlier this month, offering $1 million each day to a registered voter in one of seven critical swing states, including Pennsylvania.
The first three winners were from Pennsylvania, where Musk has focused his support for Trump in recent weeks.
Federal attention on the sweepstakes has intensified. The Department of Justice sent a warning letter to America PAC last week, suggesting that the cash distributions might breach federal statutes prohibiting payments for voter registration.
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President Joe Biden hit out on the Tesla CEO's hefty giveaways on Monday after casting his early ballot in Wilmington, Delaware, calling the program "totally inappropriate." Gov. Josh Shapiro (D-PA) called the giveaway “deeply concerning” earlier this month and said it might be something that "law enforcement could take a look at."
Nevertheless, the PAC has persisted with its giveaways, distributing nine checks so far to voters in states such as Pennsylvania, North Carolina, Michigan, Wisconsin, Nevada, and Arizona.
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