Judge says Elon Musk's PAC gave the green light to continue giving away $1 million a day

A Pennsylvania judge is allowing Elon Musk's America PAC to continue its $1 million-a-day contest through Nov. 5, a ruling said Monday.

The ruling from Common Pleas Court Judge Angelo Foglietta, who did not immediately explain his reasoning for the decision, came hours after Philadelphia District Attorney Larry Krasner testified against America PAC on Monday. Kramer argued that the “sweepstakes” violated election laws and that it should be stopped.

Krasner, who appeared as a witness on Monday, called the competition “a racket.”

“This was all political marketing disguised as a lottery,” the prosecutor said.

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Earlier that day, it was announced that America PAC's raffle winners will not be selected at random. The effort, which asks voters in swing states to sign a petition to potentially win $1 million, appears to be more of a competition.

Attorney Chris Gober said Monday that the raffle winners were selected based on their personal stories and that they had all signed nondisclosure agreements.

“The $1 million recipients are not chosen at random,” America PAC attorney Chris Gober said in court Monday. “We know exactly who will be announced as the $1 million recipient today and tomorrow.”

The America PAC competition aims to donate $1 million a day to a swing state voter until Election Day. The initiative was announced in October by Musk, who described it as a random giveaway at a rally for former President Trump on October 19.

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Elon Musk jumps on the state as he joins former President Donald Trump during a campaign rally in Butler, Pennsylvania. (JIM WATSON/AFP via Getty Images)

“We will give away $1 million every day from now until the election to people who have signed the petition,” Musk said at the campaign event. In a post on X the next day, Musk described it as not a random selection.

“Every day from now until November 5th, @America PAC will give away $1 million to someone in swing states who supports our petition in support of free speech and the right to bear arms!

The giveaway encourages voters to sign a petition instead of registering to vote. But opponents argue that this still threatens the integrity of the election. On Monday, Kranser expressed concern about the data shared by contest participants.

“They were defrauded of their information,” Krasner argued. “It can be used almost indefinitely.”

Philadelphia District Attorney Larry Krasner speaks during a news conference in Philadelphia on January 31, 2022. (AP Photo/Matt Rourke, File)

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Fox News Digital has reached out to America PAC for comment.

The Associated Press contributed to this report.