Philadelphia District Attorney Larry Krasner filed a civil lawsuit against Elon Musk and his America PAC on Monday. The lawsuit alleges that the PAC’s petition, with an offer to pay some Pennsylvania registered voters who sign $1 million, amounts to an illegal lottery.
In the complaint, Krasner argues that this petition violates the State Lottery Law by organizing an unauthorized lottery. In addition, Krasner maintains that the administration of an unauthorized lottery is a “common nuisance” that harms the integrity of Pennsylvania’s state lottery and inflames gambling instincts among Pennsylvanians. The complaint also adds that the petition, by encouraging “pervasive conduct,” interferes with Pennsylvanians’ voting rights and undermines the integrity of the voting process. Accordingly, Krasner calls on the court to issue an injunction to restrain the petition.
Krasner noted in his press statement that the “civil action neither precludes nor requires potential future action under Pennsylvania criminal law.” At this time, the civil lawsuit is in its early stages, but Krasner is planning to litigate the issue in court.
The petition invites people to sign on in support of the First and Second Amendments. Musk has announced that one voter, each day until election day, will be selected to earn $1 million if they sign the petition. He’s since offered financial incentives to other voters to sign on and refer more voters. The program is only available to voters in certain swing states, including Georgia, Arizona, and Pennsylvania.
Pennsylvania Governor Josh Shapiro has previously expressed concerns regarding the petition. In an interview with Meet the Press, Shapiro characterized the petition as “deeply concerning” and “something that law enforcement could take a look at.” Musk responded to Governor Shapiro’s interview in a post on X, claiming it was “Concerning that he would say such a thing.”
Rick Hasen, a political science professor at UCLA School of Law, argued the petition is “clearly illegal” since it requires signatories to be registered voters to get paid. Hasen turns to federal law to support this claim, which prohibits individuals from paying people to register to vote.
On the other hand, former chairman of the Federal Election Commission Brad Smith weighed in, pointing out: “He’s not paying them to register to vote. He’s paying them to sign the petition.” There may be a grey area in the statute, but since a lawsuit has been filed, the court can provide a clear answer on the legality of the petition.