The election-related court rulings are coming in fast and furious in these waning hours of the 2024 race. One such ruling was handed down Monday afternoon by Philadelphia Court of Common Pleas Judge Angelo Foglietta regarding the million-dollar-a-day sweepstakes promoted by Elon Musk and his America PAC.
As RedState reported previously, Philadelphia District Attorney Larry Krasner filed a lawsuit last Monday asserting that the giveaway was an "illegal lottery scheme." Musk's attorneys then sought leave to remove the case to federal court (a standard defense move). However, the federal court declined to accept the case and granted Krasner's motion to remand the case to the Court of Common Pleas.
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Following a hearing earlier Monday, Foglietta issued his ruling in the matter.
PHILADELPHIA (AP) — The $1 million-a-day voter sweepstakes that Elon Musk ‘s political action committee is hosting in swing states can continue through Tuesday’s presidential election, a Pennsylvania judge ruled Monday.
Common Pleas Court Judge Angelo Foglietta — ruling after Musk’s lawyers said the winners are not chosen by chance — did not immediately give a reason for the ruling.
Philadelphia District Attorney Larry Krasner had called the sweepstakes a scam that violates state election law and asked that it be shut down.
While Krasner contended that the giveaway was "a political marketing masquerading as a lottery," Musk's legal team disagreed.
The winners of the sweepstakes did not win by chance but are instead paid spokespeople for the group, Musk’s lawyers said in court Monday.
Musk lawyer Chris Gober said the final two recipients before Tuesday’s presidential election will be in Arizona on Monday and Michigan on Tuesday.
“The $1 million recipients are not chosen by chance,” Gober said Monday. “We know exactly who will be announced as the $1 million recipient today and tomorrow.”
Foglietta's Order simply denies Krasner's motion for a preliminary injunction without further explanation, though it does indicate the court's findings of fact and conclusions of law will be forthcoming.
See also:
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With the program ending Tuesday (Election Day), the issue is largely moot, particularly as Musk's legal team indicated the remaining winners would not be from Pennsylvania.
Either way, Musk and America PAC can rightly claim this as a win.
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