By MARYCLAIRE DALE, Associated Press

PHILADELPHIA (AP) — Billionaire Elon Musk’s $1 million sweepstakes has been allowed to continue until Election Day because Philadelphia’s top prosecutor failed to show he was an illegal lottery, a judge ruled in a new opinion.

District Attorney Larry Krasner filed suit last month to try to stop the contest under Pennsylvania law.

“Although (Krasner) alleges that America PAC and Elon Musk have ‘ripped off’ people,” Common Pleas Court Judge Angelo Foglietta wrote in his opinion Tuesday, “DA Krasner has provided no evidence of misuse beyond mere speculation.”

The award was open only to voters in swing states who signed a petition endorsing the constitutional right to free speech and bear arms. Lawyers for the PAC revealed in court Nov. 4 that the winners did not win a game of chance, but rather were chosen to be paid spokespeople for the group.

Musk, who committed more than $70 million to the political action committee to help Trump return to the White House and deliver victories to other Republicans, has now been tapped to help lead an efficiency effort of the government.

Krasner argued that more than a million registrants were “scammed out of their information.” Musk’s lawyers, defending the effort, called it “fundamental political speech.”

Foglietta had denied Krasner’s motion after last week’s hearing, but only explained his reasoning in the opinion. He also called Krasner’s request somewhat moot, given that there was then only one drawing left — and Musk’s lawyers had said the final person chosen would not be from Pennsylvania.

Musk is the CEO and largest shareholder of Tesla. It also owns social media platform X and rocket maker SpaceX.