A lawyer for Elon Musk’s political action committee told a judge in Philadelphia that so-called “winners” of his one million dollars-a-day voter sweepstakes in swing states are not chosen by chance, but are instead chosen to be paid “spokespeople” for the group.
Lawyer Chris Gober also said that some recipients will come from Arizona and Michigan, and therefore will not affect the Pennsylvania election.
He said the recipients are chosen based on their personal stories and sign a contract with the political organisation, America PAC.
“The one million dollars recipients are not chosen by chance,” Mr Gober said.
“We know exactly who will be announced as the recipient today and tomorrow.”
Mr Musk did not attend the hearing, held on the day before the presidential election.
Philadelphia District Attorney Larry Krasner took the witness stand on Monday and called the sweepstakes a scam as he asked the judge to shut it down.
America PAC hopes the lottery will help Donald Trump’s presidential campaign. Mr Krasner said 18 prizes have been announced to date.
Lawyers for Mr Musk and his America PAC confirmed to the judge they do not plan to extend the lottery beyond Tuesday.
However, Mr Krasner called it an illegal lottery under Pennsylvania law, with no published rules or privacy policies for the information the PAC collects on voters who sign an oath the US Constitution as they register for the sweepstakes.
“They were scammed for their information,” Mr Krasner testified. “It has almost unlimited use.”
Mr Krasner’s lawyer, John Summers, said Mr Musk is “the heartbeat of America PAC”, and the person announcing the winners and presenting the cheques.
“He was the one who presented the cheques, albeit large cardboard cheques. We don’t really know if there are any real cheques,” Mr Summers said.
Common Pleas Court Judge Angelo Foglietta was presiding over the case at Philadelphia City Hall after Mr Musk and the PAC lost an effort to move it to federal court.
Mr Krasner has said he could still consider criminal charges, as he is tasked with protecting both lotteries and the integrity of elections.
In the lawsuit, he said the defendants are “indisputably violating” Pennsylvania’s lottery laws.
Pennsylvania remains a key battleground state with 19 electoral votes and both Mr Trump and Democratic Vice President Kamala Harris have repeatedly visited the state, including stops planned in the final hours of the campaign.
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