Larry Krasner, the Philadelphia District Attorney, filed a suit Monday against Elon Musk as well as his super political action group PAC America to stop Musk from giving away a million dollars in Pennsylvania. The district attorney claims that the sweepstakes was an “illegal lottery scheme.”
CNN reports that the lawsuit alleges Musk’s sweepstakes aims to persuade registered voters to pledge their support for his favorite causes in exchange for a chance to earn a substantial sum of money.
Krasner claimed in his complaint that “America PAC” and Musk were lulling Philadelphians into giving up their personal identifying data and making a political commitment in exchange for a chance to win $1,000,000. Krasner claims that the giveaway amounts to a lottery which, under Pennsylvania law, must be “operated by and administered” by the state.
Musk’s sweepstakes was not only targeted by the Pennsylvania government. According to reports, the Justice Department sent a warning letter to Musk’s super PAC that this giveaway might violate federal laws. This includes those that prohibit cash incentives as a means of voter registration.
Krasner says Musk’s contest was designed exclusively for Trump supporters. The lawsuit states that “Though Musk claims that the winner’s selection process is random, that appears to be false as multiple winners have been selected who have attended Trump rallies in Pennsylvania.”
Musk’s sweepstakes may not comply with the law, despite critics’ claims. Richard Briffault of Columbia University Law School said that there might be some grey areas when it comes to federal law. He told ABC News that “it violates both the spirit and the letter of law.”
Federal election laws forbid the payment of incentives to encourage voter registration or participation. The penalties include fines of up to $10,000 and up to five-year prison terms. Briffault explained that this is not the same as giving someone a ride to vote.
Doug Spencer, a professor of election law at the University of Colorado also spoke up, explaining that the sweepstakes structure could make Musk’s prosecution more difficult. He said that the PAC could be protected from prosecution because it focuses on getting people to pledge their support for the First Amendment and Second Amendment rather than a candidate. He said that the structure of this PAC creates ambiguity.
Musk’s initiative seems to violate the law because Musk’s support for Trump and the fact that only registered voters from swing states are eligible for the giveaway suggest that the main objective is to increase voter registration.
James Gardner, professor of election laws at the University of Buffalo told ABC News that Gardner’s intention was to provide monetary incentives to encourage people to register to vote.
Doug Spencer, professor of election laws at the University of Colorado agreed. He said, “It seems to cross the line.”
Rick Hasen of the UCLA School of Law’s Safeguarding Democracy Project called the giveaway “clearly unlawful” in a Saturday blog post.
There is, of course, the political aspect of Krasner’s lawsuits as well as any potential federal efforts to pursue Musk. One might ask if this would have happened if Musk had supported Kamala Harris, the Vice President. Krasner, like many bureaucrats in the Justice Department, is a progressive Democrat.
You may remember how progressive California District Attorney George Gascon recruited Krasner and other George Soros-backed officials to enforce far-leftist criminal justice in the entire country. These people are more political operatives rather than law enforcement officials.
It is not impossible to believe that Krasner’s lawsuit was a way for Krasner to win the November election, especially with the stakes.
