When X owner Elon Musk grandly proclaimed that his super PAC would give away $1 million a day at random to people who signed a petition supporting the U.S. Constitution, he made waves. But on Monday, Musk’s own lawyers pulled back the curtain on the giveaway, telling a Pennsylvania judge that there was no element of chance in the sweepstakes—at all.
“The $1 million recipients are not chosen by chance,” Chris Gober, a lawyer for Musk, said Monday. “We know exactly who will be announced as the $1 million recipient today and tomorrow.”
The giveaway. The billionaire announced the giveaway in mid-October through his America PAC, stating that he would give away $1 million a day at random to people who signed his petition supporting the First and Second Amendment of the Constitution. To be eligible to win, individuals had to provide their names, addresses, phone numbers, and be registered to vote in one of the seven swing states.
“We will be awarding $1 million randomly to people who have signed the petition every day from now until the election,” Musk said on Oct. 19. His comments can be seen on video in a post from the America PAC on X.
Notably, the rules did not require participants to express support for a political candidate, although the America PAC and Musk are supporting former President Donald Trump. In the end, Musk gave away $18 million to 18 people. The final winner was Tyler VanAkin of Michigan, who was announced on election day.
Potential problems. Legal experts expressed concerns with Musk’s giveaway almost as soon as he announced it. Under federal law, it’s illegal to offer people money to register to vote or cast a vote.
The Department of Justice even sent the super PAC a letter stating that the giveaway might be illegal. As noted by the Washington Post, it’s not uncommon for the Justice Department to send out letters to businesses or individuals warning of possible illegal activity. The letters are meant to deter potentially illegal behavior, the outlet stated, and do not indicate the start of an investigation.
The lawsuit. Philadelphia district attorney Larry Krasner, a Democrat, sued Musk and the America PAC in civil court in an effort to stop the giveaways before the election. In his complaint, Krasner didn’t delve into whether the giveaway was essentially buying votes, instead arguing that it was an illegal lottery that violated consumer protection laws.
At a hearing on Monday, Krasner told a Philadelphia judge that the giveaway was a scam “designed to actually influence a national election,” the Associated Press reported.
The revelation. However, it looks like the giveaway wasn’t a lottery at all. At the same hearing, Musk’s lawyers told the judge that officials knew who would be winning the $1 million ahead of time. Furthermore, they stated that the winners are actually paid spokespeople chosen by the super PAC.
Chris Young, the director and treasurer of the America PAC, testified that the super PAC vetted the winners ahead of time. This was done to “feel out their personality, (and) make sure they were someone whose values aligned” with the group,” he explained.
Common Pleas Court Judge Angelo Foglietta ruled that Musk’s giveaway could continue on Monday.
Pending questions. While the giveaway ended on Tuesday, the question of whether or not it was illegal is still up in the air in light of the revelation that the contest wasn't a lottery, after all. Christopher Peterson, a law professor at the University of Utah, told NBC News that lying about whether a giveaway was random is illegal.
“You cannot lawfully lie to the public about conducting a random sweepstakes, lottery, or contest and then rig the results to hand-select the winners,” Peterson said. “It really is not complicated. This is just fraud; a simple, ugly fraud on the public.”
Experts said the question may be posed to courts again in the future if anyone who signed the petition decides to sue Musk or if state attorneys general take an interest in the case.
Image | Daniel Oberhaus (modified)
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