A judge in Pennsylvania ruled on Monday against Philadelphia District Attorney Larry Krasner’s effort to stop Elon Musk’s $1 million per-day giveaways to voters in key states just before the presidential election.

Attorneys for Musk’s pro-Trump political action committee defended the giveaways, stating that the recipients were chosen based on their suitability as advocates for the committee’s goals, rather than randomly as Musk initially claimed.

Chris Gober, an attorney for the PAC, contended that the giveaways do not constitute an “illegal lottery,” which Krasner alleged in his lawsuit aimed at halting the payouts. Musk, who supports former President Donald Trump, stated that the final recipient will be revealed on Election Day, which falls on Tuesday.

Krasner testified, asserting that the $1 million daily giveaways in seven pivotal states were indeed an illegal lottery. He accused the PAC of tricking some Pennsylvania residents into providing their personal information, labeling the giveaway as a “grif” for political promotion.

Judge Angelo Foglietta dismissed Krasner’s request in a succinct order, noting that he would provide a more detailed explanation later.

Debate and concerns over the legality of the payouts

Initially, Musk described the giveaways as a lottery, but later adjusted his messaging following legal scrutiny, including concerns raised by the Justice Department regarding their legality.

“There are no actual prizes to be won; recipients must agree to act as spokespeople for the PAC,” Gober explained during the hearing.

This courtroom discussion in a critical swing state occurs just one day before Trump, Musk’s preferred candidate, competes against Democratic Vice President Kamala Harris in a hard-fought election.

In recent times, Musk and his PAC have financially supported Trump, contributing to campaign efforts and leveraging X, the social media platform previously known as Twitter, which Musk acquired for $44 billion in 2022.

Since starting the giveaways on October 19, Musk and his America PAC have distributed $1 million checks to 16 individuals, with the final prize set to be announced on November 5. Krasner, a Democrat, filed a lawsuit against Musk and his PAC on October 28, claiming that the giveaways violate state consumer protection laws by constituting an illegal lottery.

During Monday’s court session, Krasner’s lawyer, John Summers, argued that Gober’s statements constituted an “admiration of liability.”

“We just heard him say that ‘my boss, my client, referred to this as random,'” Summers stated. “‘We assured people they were entering a random draw, but the reality is we pre-select participants.'”

Advertising for the giveaway is extensive, as it targets registered voters in states including Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, and Wisconsin. The America PAC has confirmed that they have provided $1 million prizes to 16 participants so far.

Musk and his America PAC attempted to transfer the case to federal court, but a federal judge mandated that it be returned to state court on Friday.

Contributing: Reuters