Is Elon Musk’s M Sweepstakes Scheme Election Interference?


Elon Musk, Donald Trump, Sweepstakes

Source: Michael M. Santiago / Getty

A hearing was held Thursday morning, Oct. 31, to examine the legality of Elon Musk’s controversial $1 million-a-day sweepstakes in key battleground states, but the billionaire was a no-show for the scheduled court date.

Read: Elon Musk’s Pro-Trump PAC Repeatedly Calls Kamala Harris The ‘C-Word’ — This Is How Low We’ve Sunk

According to The Independent, Musk’s contest, organized by his pro-Trump super PAC, America PAC, aims to garner support from registered voters in these states who sign a petition advocating for the Constitution. However, Philadelphia District Attorney Larry Krasner, a Democrat, filed a lawsuit in the Court of Common Pleas on Oct. 28, seeking to halt the America PAC sweepstakes, which is scheduled to continue until Election Day. Krasner has argued that the sweepstakes competition is an illegal lottery and poses “interference with the integrity of elections” in Pennsylvania and other critical swing states.

Elon Musk has donated millions to Trump’s presidential campaign.

The competition scheme is particularly concerning given that Musk is one of Trump’s biggest supporters. According to filings with the Federal Election Commission, the South African businessman has contributed approximately $43.6 million to America PAC between Oct.1 and Oct.16, as reported by Forbes. His recent donation adds to the $75 million he had already given to the super PAC through Sept. 30. In total, Musk’s contributions account for nearly all of the $130.3 million that America PAC has raised overall.

The TESLA CEO did not attend Thursday’s hearing.

Democratic presidential nominee, U.S. Vice President Kamala Harris and Republican presidential nominee former President Donald Trump Debate

Trump in Philadelphia on the night he lost the debate to VP Harris, Sept. 10, 2024 Source: The Washington Post / Getty

While Musk did not attend the hearing on Thursday, his legal team was present, according to CNBC. On Oct. 30, the Tesla CEO reportedly filed a notice of removal just hours after Judge Angelo Foglietta mandated his appearance at the scheduled emergency hearing. In the notice submitted to federal court, Musk’s attorneys argued that because America PAC is registered as a federal entity, it is not bound by state law, enabling Musk to bypass the court-ordered appearance and effectively freeze the case in federal jurisdiction.

“While the Complaint purports to raise only state-law claims relating to public nuisance and consumer protection, DA Krasner’s claims, as evident on the face of the Complaint, turn principally on the allegation that Defendants are somehow unlawfully interfering with a federal election,” the motion read. Judge Angelo Foglietta stated that he no longer has jurisdiction over the case following Musk’s filing.

In response, District Attorney Larry Krasner is seeking to expedite the transfer of the lawsuit back to the state court where it was initially filed to halt Musk’s $1 million-a-day sweepstakes. However, it remains uncertain how long this process will take. A hearing on Krasner’s request for an emergency injunction to block the lottery was originally set for Nov.1, CNBC noted. 

As of now, the offer is still available exclusively to registered voters in seven pivotal states that could determine the outcome of the Nov. 5 election: Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, and Wisconsin, Reuters reported. Elon Musk distributed the first $1 million check to a random winner at an America PAC rally held on Oct. 19 in Harrisburg, Pennsylvania.

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