Billionaire entrepreneur Elon Musk was absent from a Pennsylvania court hearing on Thursday, where a judge was set to consider Philadelphia District Attorney Larry Krasner’s bid to block his $1 million giveaway to voters just days before the November 5 presidential election. Musk’s absence could place him at risk of being held in contempt of court by Judge Angelo Foglietta, who ordered Musk to attend the hearing on Wednesday.
The legal dispute centres on Krasner’s October 28 lawsuit, which argues that Musk’s cash giveaway, organised through his political action committee America PAC, is an “illegal lottery scheme” intended to sway voters. Musk, a prominent supporter of Republican candidate Donald Trump, has been offering $1 million checks to randomly selected signers of a petition supporting free speech and gun rights. The offer targets registered voters in key battleground states—Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, and Wisconsin.
At an October 19 rally in Pennsylvania’s capital, Harrisburg, Musk awarded the first $1 million check. Krasner’s office alleges the giveaway violates consumer protection laws by using deceptive language, lacking clear rules, and failing to specify protections for participants’ personal data. He also claimed that recipients were “not actually chosen at random,” noting that two winners had attended pro-Trump rallies.
In response to Krasner’s lawsuit, Musk is seeking to transfer the case to federal court, arguing it raises constitutional questions of free speech and election interference. The delay could potentially allow Musk to continue the giveaway.
Ahead of the hearing, Krasner requested additional security, citing an increase in inflammatory and antisemitic social media posts targeting him, along with the publication of his home address.
The case also raises broader legal questions, with some experts suggesting Musk’s actions could violate federal laws against incentivising voting. While the Department of Justice has reportedly warned America PAC about possible violations, federal prosecutors have not yet acted publicly.
Musk, the world’s richest individual and CEO of Tesla, has donated nearly $120 million to America PAC, making it a pivotal force in Trump’s campaign. Trump, in turn, has promised that if reelected, he would appoint Musk to lead a government efficiency commission.
Melissa Enoch
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