PHILADELPHIA — The million-dollar-a-day giveaway that Elon Musk’s political action committee is hosting in swing states can continue through Tuesday’s presidential election, a Pennsylvania judge ruled Monday in Philadelphia.

Common Pleas Court Judge Angelo Foglietta, who ruled after Musk’s lawyers said winners are not chosen by chance, did not immediately give a reason for the ruling.

Philadelphia District Attorney Larry Krasner had called the giveaway a scam that violates state election law and asked them to close it.

The sweepstakes winners did not win by chance, but are paid spokespersons for the group, Musk’s lawyers said in court on Monday.

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

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

Chris Young, director of America PAC, testified that recipients are vetted in advance to “get a feel for their personality and make sure they are someone whose values ​​align” with the group.

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The revelations led an attorney for District Attorney Larry Krasner to call the effort a “scam” that is “designed to influence a national election.”

Musk’s lawyers, in their closing arguments, called it a “central political speech,” given that participants sign a petition endorsing the U.S. Constitution. They said Krasner’s legal attempt to shut down the sweepstakes under Pennsylvania law was moot because there would be no more Pennsylvania winners before the show ends Tuesday.

Krasner believes the gifts violate state election law and contradict what Musk promised when he announced them during an appearance with Republican presidential candidate Donald Trump’s campaign in Harrisburg, Pennsylvania, on Oct. 19: “We’re going to give away a million dollars.” . randomly to people who have signed the petition every day from now until the election,” Musk promised.

Young also acknowledged that the PAC made recipients sign confidentiality agreements.

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

“Sounds good,” Young said.

In an Oct. 20 social media post shown in court, Musk said anyone who signed the petition had “a daily chance to win $1 million.”

Summers grilled him about Musk’s use of the words “chance” and “randomly,” prompting Young, who also serves as the PAC’s treasurer, to admit that the latter was not “the word I would have chosen.” .

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

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

“This whole thing was political marketing disguised as a lottery,” Krasner testified Monday morning. “That’s what it is. A scam.”

Your voice, your vote: Check out 6abc’s Voter Guide for Pennsylvania, New Jersey, and Delaware.

Lawyers for Musk and the PAC said they do not plan to extend the lottery beyond Tuesday. Krasner said the first three winners, as of 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 is unclear if anyone has received the money yet. The PAC promised they would receive it by Nov. 30, according to evidence presented in court.

More than 1 million people from all seven states have registered for the drawing by signing a petition saying they support the right to free speech and to bear arms, the first two amendments to the United States Constitution. Krasner questioned how the PAC could use its data, which it will have on hand long after the election.

“They were scammed out of information,” Krasner said. “It has almost unlimited use.”

Krasner’s attorney, John Summers, said Musk is “the heartbeat of the American PAC” and the person who announces the winners and presents the checks.

“He was the one who presented the checks, even though they were big cardboard checks. We really don’t know if real checks exist,” Summers said.

Common Pleas Court Judge Angelo Foglietta was presiding over the case at Philadelphia City Hall after Musk and the PAC lost a bid to move it to federal court.

Krasner has said he could still consider filing criminal charges, as he is tasked with protecting both lotteries and the integrity of elections. In the lawsuit, he said the defendants are “undisputedly violating” Pennsylvania lottery laws.

Pennsylvania remains a key battleground state with 19 electoral votes and both Trump and Democratic Vice President Kamala Harris have repeatedly visited the state, including stops planned for Monday in the final hours of the campaign.

Krasner, who noted that he has long driven a Tesla, said he could 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 has posted about the giveaway, and rocket maker SpaceX.