A Pennsylvania judge ruled on Monday that Elon Musk’s high-profile $1 million-a-day giveaway targeting swing state voters can continue, despite allegations of bias in the winner selection process. The decision comes just a day before the U.S. presidential election, which sees Democratic Vice President Kamala Harris and Republican Donald Trump locked in a fiercely competitive race.
Musk, the billionaire CEO of Tesla and outspoken supporter of the pro-Trump group America PAC, initiated the cash giveaway with a total distribution of $16 million so far. The eligibility criteria required registered swing state voters to participate by signing a political petition linked to Musk’s PAC. The giveaway has drawn intense scrutiny from legal authorities, especially after Philadelphia’s top prosecutor argued that it could qualify as an “illegal lottery,” a claim the pro-Trump organization has disputed.
In a surprising turn during Monday’s proceedings, Chris Young, America PAC’s director, testified that the selection process considered individuals’ alignment with the PAC’s pro-Trump agenda. This admission seemed to contradict Musk’s previous public assurances that winners would be chosen at random. However, America PAC’s lawyers defended the process, claiming that choosing winners with shared political views did not constitute a lottery but rather an extension of the PAC’s mission to elevate voices supportive of their cause.
Judge Angelo Foglietta ultimately sided with Musk’s team, allowing the giveaway to continue and paving the way for the final winner’s announcement on Election Day. On Monday, America PAC revealed that a winner had been chosen from Arizona, with another winner from Michigan to be named Tuesday.
The ruling underscores the heightened stakes and unusual strategies being deployed in the final hours of this exceptionally close election, as both sides seek every possible advantage in swing states that could tip the balance of power.