On November 4, a lawyer representing Elon Musk and the America PAC told a Pennsylvania judge that recipients of Musk’s daily $1 million “giveaway” were chosen based on personal stories, challenging characterizations of the program as a lottery.
Background of the Program
In early October, Musk announced a plan to award $1 million each day to a registered voter in key states, including Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, and Wisconsin. While Musk had initially described the awards as being given “randomly,” lawyer Chris Gober, known for his work with Republicans, clarified in court that recipients were deliberately selected based on their personal stories and were not chosen by chance.
According to Gober, each recipient was hand-picked and designated as a spokesperson, with the $1 million award contingent upon fulfilling contractual obligations. This distinction was emphasized as critical to understanding the nature of the program, distancing it from the structure of a lottery or sweepstakes.
Legal Dispute and Potential Charges
Pennsylvania District Attorney Larry Krasner filed the case, citing Musk’s earlier statements that implied random selection, which led some to view the program as an unregistered lottery. Such activity could lead to criminal charges, as running an unregistered lottery under federal law can result in financial penalties and up to a year of imprisonment. However, a request to escalate the case to federal court was dismissed on November 1, meaning federal regulations might not apply here.
While Pennsylvania law classifies operating an illegal lottery as a misdemeanor, jail time is generally not imposed in these cases. Nonetheless, Musk and America PAC’s program has drawn warnings from the Department of Justice, leaving the possibility of federal action.
Political Implications and Potential Protection
Musk’s relationship with former President Donald Trump, a candidate in the 2024 election, may have potential implications. If Trump were to win the presidency, Musk’s anticipated role in a new Department of Government Efficiency could potentially provide political cover in the face of ongoing legal challenges.
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