PHILADELPHIA (AP) 鈥� The linked to billionaire Elon Musk was through Election Day because Philadelphia鈥檚 top prosecutor failed to show that it was an illegal lottery, a judge said in a new opinion.
District Attorney Larry Krasner had filed suit last month to try to have the sweepstakes shut down under Pennsylvania law.
鈥淎lthough (Krasner) alleges that America PAC and Elon Musk 鈥榮cammed鈥� people,鈥� Common Pleas Court Judge Angelo Foglietta wrote in the opinion Tuesday, 鈥淒A Krasner failed to provide any evidence of misuse beyond mere speculation.鈥�
The prize was open only to swing state voters who signed a petition endorsing the constitutional right to free speech and to bear arms. Lawyers for the PAC revealed in court on Nov. 4 that the recipients did not win a game of chance, but were instead chosen to be paid spokespeople for the group.
Musk, who committed more than $70 million to the political action committee to help Donald Trump return to the White House and other Republicans win, has now been tapped to help .
Krasner argued that the more than 1 million people who registered were 鈥渟cammed for their information.鈥� Musk鈥檚 lawyers, defending the effort, called it 鈥渃ore political speech.鈥�
Foglietta had denied Krasner鈥檚 petition after last week's hearing, but only explained his reasoning in the opinion. He said he did not want to issue a 鈥渟uperfluous鈥� order, given that there was only one sweepstakes remaining by then 鈥� and Musk鈥檚 lawyers had said the last person chosen would not be from Pennsylvania.
鈥淲e respectfully disagree with the judge鈥檚 opinion,鈥� Krasner said Wednesday in a statement.
Musk is the CEO and largest shareholder of . He also owns the social media platform X and the rocket ship maker .
Maryclaire Dale, The Associated Press
