A Philadelphia judge ruled Monday that Elon Musk’s political action committee can continue its controversial program of awarding $1 million daily to voters in swing states, despite legal challenges from local prosecutors.
The ruling came after a surprising revelation in court that America PAC has been selecting recipients rather than choosing them randomly as widely believed. “The $1 million recipients are not chosen by chance,” said Chris Gober, the group’s attorney, during the hearing. “We know exactly who will be announced as the $1 million recipient today and tomorrow.”
Philadelphia District Attorney Lawrence Krasner had sought to halt what he termed “an illegal lottery,” filing suit after Musk announced plans to distribute the money to one voter daily until Election Day. Judge Angelo Foglietta issued the ruling hours after the hearing without immediately providing reasoning.
Gober disclosed that the program’s final recipient would be from Michigan, while the group announced on X, formerly Twitter, that an Arizona resident named Joshua had received Monday’s payment. The program is set to conclude Tuesday.
The case highlighted discrepancies between the program’s public portrayal and its actual operation. When Musk introduced the initiative last month, he suggested recipients would be randomly selected from those signing a petition supporting Constitutional amendments. “We are going to be awarding $1m randomly to people who have signed the petition, every day, from now until the election,” Musk said at a campaign event.
Chris Young, America PAC’s director, testified that recipients undergo screening to ensure their values align with the organization’s goals. Reuters reported that winners must sign non-disclosure agreements regarding their contract terms.
The controversy emerged as Musk campaigns actively for Republican presidential candidate Donald Trump in battleground states, particularly Pennsylvania, where polls show Trump tied with Democratic rival Vice President Kamala Harris.
The U.S. Justice Department had previously warned the program might violate laws prohibiting payment for voter registration. A prosecutor from Krasner’s office characterized Gober’s courtroom statements as “a complete admission of liability.”
Musk, who owns X and leads SpaceX, did not attend the hearing. During court proceedings, prosecutors presented video footage where Musk stated that “all we ask” is for winners to serve as group spokespeople.
The ruling allows the controversial program to complete its planned run, despite ongoing questions about its impact on electoral integrity and campaign finance regulations.