Musk faces lawsuit over his Trump lottery

Garance Limouzy October 29, 2024

SiGMA news

Musk faces lawsuit over his Trump lottery

Philadelphia District Attorney Larry Krasner has launched a high-profile lawsuit against billionaire Elon Musk, accusing him and his pro-Trump political action committee (PAC), America PAC, of operating an illegal lottery designed to influence voter behaviour in critical battleground states. The lawsuit centres on a daily $1 million prize giveaway targeting registered voters who commit to conservative values and sign a petition pledging allegiance to certain constitutional amendments. Musk’s sweepstakes first gained notoriety when he publicly presented a symbolic oversized $1 million check to a voter during a town hall in Harrisburg, Pennsylvania.

Allegations of voter influence

The primary accusation in Krasner’s lawsuit is that the giveaway represents an unlawful lottery, allegedly enticing voters with a chance to win $1 million in exchange for signing a petition. To participate, individuals must share personal information and commit to a political stance. The PAC’s offer is open in seven states considered pivotal in the upcoming election, including Pennsylvania, where Musk has focused substantial attention on drawing support for Donald Trump. The petition has quickly gained traction, amassing over a million signatures.

In his complaint, Krasner argues that the allure of a $1 million reward constitutes a lottery aimed at swaying voter behaviour, as those entering must align with a specific political perspective. Moreover, the lawsuit states that the structure of the contest lacks transparency, with a non-random pattern of selecting winners who have publicly shown support for Trump, including at campaign rallies.

Federal concerns over legality

The lawsuit comes on the heels of a warning from the Department of Justice (DOJ), which last week flagged the possibility that Musk’s campaign might infringe federal law. The DOJ’s Public Integrity Section advised Musk’s PAC of potential legal implications, particularly regarding laws against monetary inducements for voter registration or support. While the DOJ’s notice stops short of enforcing any specific action, Krasner’s office contends that the giveaway’s mechanics may violate both Pennsylvania’s consumer protection and lottery regulations, which restrict lotteries to state-controlled operations.

America PAC and Musk, however, argue that their campaign does not contravene election laws, insisting that the petition signing is voluntary and that no direct payment is made for voter registration. A spokesperson for America PAC explained that the prize is intended solely to encourage constitutional support rather than direct electoral influence.

Political reactions and ethical concerns

The sweepstakes have faced strong opposition, particularly from Democrats. President Joe Biden himself commented on the campaign, calling Musk’s initiative “totally inappropriate.” Legal analysts are debating the potential fallout, as similar initiatives blur the lines of election influence. Though direct accusations of vote-buying have not been levied, Krasner insists that the scheme dangerously exploits electoral passions by offering financial rewards tied to political commitments.

Musk’s staunch public advocacy for Trump and his considerable financial backing have already heightened scrutiny around his role in the 2024 election, with Musk’s total spending on pro-Trump PACs reported to exceed $119 million to date. This is not the first time Musk’s support for Donald Trump has taken a surprising turn. Earlier this year, the billionaire shared an AI-generated video on his social media of him and Trump dancing to “Stayin’ Alive.”

Legal proceedings

In the Philadelphia courtroom, Krasner has requested an immediate halt to the giveaway until a full hearing can determine its legality. The state court will consider his plea for an injunction on Friday, just days before voters head to the polls. If successful, this move could stop Musk’s initiative from further affecting the election landscape. Judge Angelo Foglietta, who will preside over the hearing, is expected to weigh the arguments concerning Pennsylvania’s lottery laws and consumer protections.