Philadelphia DA sues Elon Musk over $1 million giveaway to registered voters

SpaceX and Tesla founder Elon Musk awarded Kristine Fishell with a $1 million check on Oct. 20. The legality of these cash prizes has been called into question. Michael Swensen/Getty Images North America hide caption

toggle caption

Michael Swensen/Getty Images North America

On Monday, Philadelphia District Attorney Larry Krasner asked a state judge to stop Elon Musk’s $1 million giveaway to registered voters, calling the scheme “indisputably an unlawful lottery.”

Krasner brought the suit against Musk and his political action committee, America PAC.

“America PAC and Elon Musk are running an illegal lottery in Philadelphia (as well as throughout Pennsylvania),” the suit said.

“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.”

Musk announced the cash prize to voters in Pennsylvania during a stump speech earlier this month in support of former President Donald Trump.

“I have a surprise for you," Musk said shortly before bringing out a giant check. "We are going to be awarding $1 million to people who have signed the petition — every day, from now until the election.”

Almost immediately, the promise of a cash prize caught the attention of election law experts, who warned that incentivizing a person to vote violates federal law.

"If you look at the conditions, you must be a registered voter," UCLA election law professor Richard Hasen told NPR. "And so this is essentially a lottery that's open only to people who register to vote. So it’s either an incentive for someone to vote or it’s a reward. And either way, it violates federal law."

Several people in key swing states have already reportedly won the cash prize from signing the petition, which purports to support the constitutional promises of free speech and the right to bear arms.

Musk has fashioned himself as perhaps one of Trump’s most powerful allies in his second swing at returning to the White House.

The billionaire Tesla and SpaceX head, estimated to be the wealthiest man on the planet, launched America PAC as its sole donor with a $75 million cash infusion this summer.

Trump faces a close election race against the Democratic candidate, Vice President Harris.

Both candidates are racing to court voters in critical swing states in the eight days until Election Day. Polling shows the two candidates in a near-dead heat.