Despite legal challenges, Musk’s initiative to incentivise voter participation continues as the election draws near

A Pennsylvania state judge has cleared the way for Elon Musk’s controversial $1 million-a-day voter giveaway to proceed, just one day before the highly anticipated U.S. presidential election between Democratic Vice President Kamala Harris and Republican Donald Trump. The decision came after a surprising day of testimony, during which Musk’s aide revealed that the winners of the giveaway were selected by the billionaire’s political group.

The giveaway has sparked legal concerns, with Philadelphia’s District Attorney, Larry Krasner, filing a lawsuit claiming that the contest violates state consumer protection laws and constitutes an illegal lottery. Krasner argued that the rules of the contest were vague and insufficiently defined, posing a potential risk to participants.

In response, lawyers representing Musk’s pro-Trump America PAC argued that the funds were distributed based on the winners’ potential to serve as effective spokespeople for the group’s pro-Trump agenda, rather than through a random selection process as Musk had previously claimed. The PAC’s director, Chris Young, defended the initiative in court, insisting that it was not illegal and aimed at encouraging voter engagement in crucial battleground states.

The contest, launched on October 19, is open to registered voters in seven pivotal states: Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, and Wisconsin. Participants qualify by signing a petition that advocates for free speech and gun rights. So far, Musk’s giveaways have totalled $16 million, with winners announced from Arizona and the final recipient from Michigan set to be revealed on Election Day.

Judge Angelo Foglietta ultimately ruled against Krasner’s request to block the giveaway, although he stated that he would provide a written explanation for his decision at a later date. Musk’s attorney, Andy Taylor, condemned Krasner’s lawsuit as an infringement on the rights of Pennsylvania citizens, arguing that the action aimed to deter citizens from exercising their right to participate in the petition.

Musk’s support for Trump has been well-documented, with the billionaire using his platform on X (formerly Twitter) to promote the former president. Since becoming a vocal Trump supporter this year, Musk has contributed nearly $120 million to America PAC to bolster voter mobilization and registration efforts across the country.