A Philadelphia judge ruled that the city’s prosecutor failed to prove that Elon Musk’s $1 million voter lottery violated Pennsylvania’s lottery platform or consumer laws.
The Philadelphia judge ruled on Tuesday, October 12th, that District Attorney Larry Krasner failed to provide enough evidence to prove that Elon Musk’s $1 million voter lottery was in violation of Pennsylvania laws regarding illegal lotteries. The prosecutor’s request to halt the lottery on legal grounds may have failed.
In a detailed opinion submitted on November 12th, Common Pleas Court Judge Angelo Foglietta dismissed Krasner’s allegations that the project sponsored by a U.S. PAC (Political Action Committee) and funded by Musk constituted an illegal lottery. The lottery was aimed at voters who support constitutional free speech and gun rights, particularly in swing states.
Judge Foglietta wrote, “In this case, the applicant (Krasner) claims that the defendants (U.S. PAC, Musk) engaged in an illegal lottery activity by inducing citizens of Philadelphia — as well as voters in swing states in federal elections — to surrender personal information and make political commitments in exchange for a chance to win $1 million.”
However, the judge found that Krasner failed to prove the three elements that constitute a “lottery” under Pennsylvania law: prize, chance, and consideration.
Musk’s lawyers argued that the lottery was not random but rather a contractual arrangement. The winners were selected as paid endorsers for the U.S. PAC, and the $1 million prize was a reward for providing services, not a prize from a game of chance.
In his opinion, Judge Foglietta pointed out, “Defendants (U.S. PAC, Musk) argue that this one million dollar reward has always been compensation under an employment contract; therefore, their actions are not deceptive.”
Foglietta also noted that Krasner’s request for a preliminary injunction lacked urgency and necessity.
“The key point is that the applicant (Krasner) failed to prove the necessity of a preliminary injunction to prevent immediate and irreparable harm that cannot be compensated for with damages,” he added, noting that Krasner himself argued that issuing a temporary restraining order would do “no harm” even if the plan had already ended.
The judge dismissed Krasner’s claims that the prize deceived participants, stating that the Philadelphia prosecutor “failed to clearly demonstrate deceit by Musk and the PAC.”
Furthermore, the judge emphasized that the court would not issue unnecessary orders. He wrote, “This court does not exist to issue superfluous orders,” and rejected Krasner’s argument that a temporary injunction to halt the lottery would be harmless if the plan had already concluded.
Foglietta’s ruling denied Krasner’s request to stop the $1 million prize (originally filed on November 4 and elaborated upon in a factual and legal conclusion document on November 12), allowing the lottery to continue until Election Day.
Musk did not attend the court hearing. He has stated that he will continue to operate the U.S. PAC after the election, supporting Republican candidates for federal positions in the coming years and playing a “significant role” in primaries, possibly also engaging in voter education programs.
According to the latest pre-election report from the Federal Election Commission on October 24, Musk donated approximately $118.5 million to the U.S. PAC between July 3 and October 15.