PHILADELPHIA — The Million dollar daily draw for voters that Elon Musk’s political action committee is organizing in swing states can continue until Tuesday’s presidential election, a Pennsylvania judge ruled Monday.

Common Pleas Court Judge Angelo Foglietta — ruling after Musk’s lawyers said the winners were paid spokespeople and not chosen by chance — did not immediately explain his reasoning.

District Attorney Larry Krasner, a Democrat, called the process a scam “intended to actually influence a national election” and called for it to be stopped.

Musk’s lawyer, Chris Gober, said the final two winners before Tuesday’s presidential election will be in Arizona on Monday and Michigan on Tuesday.

“Million-dollar recipients are not chosen by chance,” Gober said Monday. “We know exactly who will be announced as the recipient of $1 million today and tomorrow.”

Chris Young, director and treasurer of America PAC, testified that recipients are selected in advance, to “test their personality (and) make sure they are someone whose values ​​match” those of the group .

Musk’s lawyers, defending the effort, called it “fundamental political speech,” given that participants are signing a petition endorsing the U.S. Constitution. They also said Krasner’s attempt to shut down the program under Pennsylvania law was moot because there would be no more winners from Pennsylvania before the program ended Tuesday.

Krasner believes the gifts violate state election law and contradict what Musk promised when he announced them during an appearance with the Republican presidential candidate. Donald Trumpin Harrisburg, Pennsylvania, on October 19: “We’re going to randomly award a million dollars to people who sign the petition every day between now and the election,” Musk promised.

Learn more: Across Pennsylvania, Musk deploys his fame and fortune for Trump

Young also acknowledged that the PAC required recipients to sign nondisclosure agreements.

“They couldn’t really reveal the truth about how they got the money, could they?” asked Summers.

“It looks good,” Young said.

In an October 20 social media post played in court, Musk said anyone who signed the petition had “a daily chance to win $1 million!” »

Summers asked him about Musk’s use of the words “chance” and “random,” prompting Young to admit that the latter was not “the word I would have chosen.”

Young said winners knew they would be called on stage, but not specifically that they would win money.

Learn more: How to check if your 2024 presidential election ballot has been counted

Musk did not attend the hearing. He committed more than $70 million to the super PAC to help Trump and other Republicans win in November.

“This whole thing was just political marketing disguised as a lottery,” Krasner testified Monday. “It is what it is. A scam.

Lawyers for Musk and the PAC said they do not plan to extend the lottery beyond Tuesday. Krasner said the first three winners, starting Oct. 19, came from Pennsylvania in the days leading up to the state’s Oct. 21 voter registration deadline.

Other winners came from the battleground states of Wisconsin, Nevada, Arizona, Georgia, North Carolina and Michigan. It’s unclear if anyone has received the money yet. The PAC has committed to obtaining it by November 30, according to a document presented to the court.

More than a million people from all seven states entered the contest by signing a petition saying they support the rights to free speech and bear arms, the first two amendments to the U.S. Constitution. Krasner questioned how the PAC might use its data, which it will have available well after the election.

“They were scammed out of their information,” Krasner said. “Its use is almost unlimited. »

Krasner’s team called Musk the “heartbeat of America PAC” and the person who announces winners and presents checks.

“He was the one presenting the checks, even though they were big cardboard checks. We don’t really know if there are any real controls,” Summers said.

Foglietta presided over the case at Philadelphia City Hall after Musk and the PAC lost an effort to bring it to federal court.

Krasner said he might still consider criminal charges because he is charged with protecting both lotteries and the integrity of elections.

Pennsylvania remains a key battleground state with 19 electoral votes and Trump and his Democratic vice president. Kamala Harris have visited the state several times, including planned stops Monday in the final hours of the campaign.

Learn more: The 7 states that will decide the elections

Krasner, who noted that he has a long history of driving a Tesla, said he may also seek civil damages for Pennsylvania registrants. Musk is the CEO and largest shareholder of Tesla. He also owns the social media platform X, where America PAC posted about the competition, as well as rocket maker SpaceX.