Philadelphia prosecutor sues Elon Musk over $1 million swing state voter lottery

Philadelphia prosecutors have filed a lawsuit to stop Elon Musk and his political group America PAC from paying out $1 million (£770,092 million) to voters in swing states, accusing the billionaire of “operating an illegal lottery.”

“The American PAC and Musk must be immediately stopped before the upcoming presidential election on November 5th,” Philadelphia District Attorney Lawrence Krasner said in the lawsuit filed Monday.

The lawsuit comes days after the US Justice Department warned Musk’s PAC that the $1 million giveaway could violate federal election law.

Musk, who actively campaigns for Trump, said voters who want to be eligible for the prizes do not need to register as Republicans or vote.

As part of that effort, Musk announced in October that he would randomly award a $1 million prize to people in the battleground states of Pennsylvania, Georgia, Nevada, Arizona, Wisconsin, Michigan and North Carolina every day through November 5.

To be eligible to win, the drawing requires registered voters to provide personal information such as addresses and phone numbers. They are also required to sign a pledge stating that they support the US Constitution.

So far, nine winners have been announced for the $1 million prize. last a man from Michigan.

Vice President Kamala Harris and Trump, who is backed by Musk, remain locked in a tight race in battleground states.

Musk’s decision was met with sharp backlash from Democrats, who accused him of trying to buy votes, and also attracted legal attention.

“America PAC and Musk are lulling the citizens of Philadelphia … into giving up their personal information and making a political promise in exchange for a chance to win $1 million,” the lawsuit states. “It’s a lottery. And this is undoubtedly an illegal lottery.”

The lawsuit also accuses Musks of violating consumer protection laws by using “false, vague or misleading statements” that could create confusion.

District Attorney Krasner requested an immediate injunction ahead of the presidential election because he said the “scheme” was designed to “influence voters.”

A hearing on Mr. Krasner’s request for a preliminary injunction is scheduled for Friday morning in Philadelphia – three days before Election Day.

The lawsuit makes clear that Musk and America PAC are not accused of violating federal laws prohibiting vote buying.

A spokesperson for the American PAC told ABC News after the lawsuit was filed that it was fair to “conclude” that the PAC plans to continue handing out $1 million checks.

The BBC has approached Musk’s US PAC for comment.

Legal experts told the BBC that the question of whether a giveaway violates federal law is something of a gray area.

Last week, the Justice Department sent a letter to America PAC warning that its lottery-style raffle may be illegal.

It was sent by the US Department of Justice’s Public Integrity Division after Democratic outrage over the financial gamble.

Under US law, it is illegal to pay people to register to vote. But it remains unclear whether the betting site is breaking any laws.