Judge rules Musk's giveaway can continue after lawyer says that winners are not chosen by chance

A Pennsylvania judge on Monday ruled that Elon Musk's $1 million giveaway can continue through Election Day, after attorneys for Musk's political action committee said the results of the giveaway were not "random" like Musk had advertised.

Musk launched the daily giveaway last month, which was organized to give $1 million to one voter from a swing state every day, if they signed a petition in support of the First and Second Amendments of the U.S. Constitution. 

Common Pleas Court Judge Angelo Foglietta did not give a reason for his ruling, per the Associated Press, but it comes after Philadelphia District Attorney Larry Krasner sued Musk and his group last week, seeking to stop the contest because it allegedly violated state law by acting as a lottery. 

The billionaire previously said his program would be "awarding a million dollars randomly to people who have signed the petition every day from now until the election." 

GOP lawyer Chris Gober indicated on Monday however that the phrasing was inaccurate because the winners were actually selected to be paid spokespeople for the group.

“The $1 million recipients are not chosen by chance,” Gober said in court. “We know exactly who will be announced as the $1 million recipient today and tomorrow.”

Gober said the recipient on Monday is from Arizona, and the recipient on Tuesday is from Michigan. They are selected after officials from Musk's America PAC read the applicants' personal stories. The recipients are then notified that they will be called on stage during a rally and are required to sign a non-disclosure agreement. 

The PAC's legal team asked the judge to dismiss the lawsuit, because no more winners have been selected from Pennsylvania, so the arguments are now moot. However, the first three winners came from the Keystone state.

Krasner, who took to the witness stand on Monday, said the sweepstakes are now a scam.

“This was all a political marketing masquerading as a lottery,” Krasner testified. “That’s what it is. A grift.”

Misty Severi is an evening news reporter for Just The News. You can follow her on X for more coverage.