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Pennsylvania Judge Hands Democrats a Loss in Their Bid to Stop Elon Musk's Election Efforts

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A Pennsylvania state judge ruled Thursday that he would not block Elon Musk from continuing his $1 million per day voter giveaway ahead of the Nov. 5 general election.

Judge Angelo Foglietta announced that he would place the civil lawsuit brought by Philadelphia District Attorney Larry Krasner on hold because Musk is seeking to have the case removed to federal court, according to Reuters.

“Krasner, who championed progressive causes when running for district attorney, accuses Tesla CEO Musk and his political action committee America PAC of hatching an ‘illegal lottery scheme to influence voters,'” the outlet reported.

Musk’s random giveaways through his America PAC are for registered voters — residing in the swing states of Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania or Wisconsin — who sign a petition saying they support the First and Second Amendments.

America PAC is also awarding $47 to everyone who recruits a registered voter to sign the petition.

Musk gave his first two checks away in Pennsylvania last week.

In its civil lawsuit, the Philadelphia DA’s office alleged America PAC and Musk are violating Pennsylvania public nuisance law and the Pennsylvania Unfair Trade Practices and Consumer Protection Law.

Are you glad Elon Musk is on Trump’s side?

“America PAC and Musk are lulling Philadelphia citizens — and others in the Commonwealth (and other swing states in the upcoming election) — to give up their personal identifying information and make a political pledge in exchange for the chance to win $1 million. That is a lottery.”

“And it is indisputably an unlawful lottery. Under unambiguous Pennsylvania law, all lotteries in Pennsylvania must be regulated by the Commonwealth of Pennsylvania,” they added.

The DAs further alleged that America PAC has not published a complete set of lottery rules, as required by law.

“Also, though Musk says that a winner’s selection is ‘random,’ that appears false because multiple winners that have been selected are individuals who have shown up at Trump rallies in Pennsylvania,” the lawsuit said.

Krasner’s office made clear they are not accusing America PAC and Musk of vote buying, which would violate federal and state law, but engaging in an illegal lottery and deceiving consumers.

Related:
DOJ Targets Elon Musk's Pro-Trump PAC with a Warning

Musk responded to the allegation by others that he was vote buying, posting on X, “All you need to do is sign the @America petition in support of the Constitutional rights to free speech & bear arms to have a daily chance of winning $1,000,000! You can be from any or no political party and you don’t even have to vote.”

Regarding Musk’s effort to transfer the case to federal court, The Hill reported that “federal law provides that when a defendant attempts to move a civil lawsuit to federal court, a process known as removal, the state court ‘shall proceed no further’ until the defendant’s attempt is rejected.”

Musk’s attorney Matthew Haverstick argued in a brief filed in federal district court Wednesday evening that the case presents several issues regarding federal law.

“In short, the nature of the Complaint’s pleadings demonstrates that the Complaint, in truth, has little to do with state-law claims of nuisance and consumer protection,” the brief read.

“Rather, although disguised as state law claims, the Complaint’s focus is to prevent Defendants’ purported ‘interference’ with the forthcoming Federal Presidential Election by any means.”

Haverstick noted the Philadelphia DA’s civil complaint, “[A]lso narrowed its focus to two of the Defendants’ election-related activities with which DA Krasner disagrees — independent expenditures to influence campaigns for federal office and the core political speech via petition gathering — both of which raise significant questions of federal law that are within the exclusive province of this Court.”

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Randy DeSoto has written more than 3,000 articles for The Western Journal since he began with the company in 2015. He is a graduate of West Point and Regent University School of Law. He is the author of the book "We Hold These Truths" and screenwriter of the political documentary "I Want Your Money."
Randy DeSoto wrote and was the assistant producer of the documentary film "I Want Your Money" about the perils of Big Government, comparing the presidencies of Ronald Reagan and Barack Obama. Randy is the author of the book "We Hold These Truths," which addresses how leaders have appealed to beliefs found in the Declaration of Independence at defining moments in our nation's history. He has been published in several political sites and newspapers.

Randy graduated from the United States Military Academy at West Point with a BS in political science and Regent University School of Law with a juris doctorate.
Birthplace
Harrisburg, Pennsylvania
Nationality
American
Honors/Awards
Graduated dean's list from West Point
Education
United States Military Academy at West Point, Regent University School of Law
Books Written
We Hold These Truths
Professional Memberships
Virginia and Pennsylvania state bars
Location
Phoenix, Arizona
Languages Spoken
English
Topics of Expertise
Politics, Entertainment, Faith




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