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Philadelphia DA Files Suit Challenging Elon Musk PAC’s $1 Million Giveaways

Elon Musk speaks during a rally for Republican presidential nominee and former president Donald Trump at Madison Square Garden in New York, October 27, 2024. (Carlos Barria/Reuters)

The Philadelphia District Attorney requested on Monday that a state judge halt Elon Musk’s $1 million giveaway to registered voters.

Larry Krasner, a progressive Democrat, filed a civil lawsuit against the billionaire and his America PAC.

“America PAC and Musk are lulling Philadelphia citizens – and others in the Commonwealth (and other swing states in the upcoming election) – to give up their personal identifying information and make a political pledge in exchange for the chance to win $1 million,” the suit alleges. “That is a lottery. And it is indisputably an unlawful lottery.”


In a separate statement, the state DA’s office outlined their motivation for taking legal action. “The Philadelphia District Attorney is charged with protecting the public from public nuisances and unfair trade practices, including illegal lotteries.”

“The DA is also charged with protecting the public from interference with the integrity of elections,” the statement read.

Krasner’s office emphasized that Pennsylvania consumer-protection law requires all lotteries to be “operated and administered by the state”.

“America PAC and Musk must be stopped, immediately, before the upcoming Presidential Election on Nov. 5,” Krasner claimed. “That is because America PAC and Musk hatched their illegal lottery scheme to influence voters in that election.”




Eligible voters spanning all seven battleground states can sign a petition on America PAC’s website declaring their support for the First and Second Amendment before being automatically entered into a lottery system. Musk has since divvied out oversized checks at rallies alongside daily giveaways as part of his election-season sweepstakes.

The lawsuit also raised questions regarding the selection process in determining the winner of such contests. “Though Musk says that a winner’s selection is ‘random,’ that appears to be false,” it reads. “Multiple winners that have been selected are individuals who have shown up at Trump rallies in Pennsylvania.”

Pennsylvania Governor Josh Shapiro (D.) has also called for an investigation into Musk’s disbursements.


The Justice Department already notified America PAC last week that the operation may violate federal laws that that target cash offerings in exchange for voter registration.

“To be clear, this is not a petition to vote for or register for anyone,” Musk responded. “It’s really a petition in support of the Constitution of the United States, and in particular, freedom of speech and the right to bear arms.”

To date, the group has dished out over $9 million with nearly half of that total ending up in the hands of Pennsylvanians.

Alex Welz is a 2024 fall College Fix Fellow at National Review. He holds a BA in intelligence studies from Mercyhurst University and recently completed his master’s degree in national security at the University of Haifa’s International School in Israel.
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