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Billionaire Elon Musk rallies supporters for former President Donald Trump at the Butler Farm Show grounds in Pennsylvania on October 5. On Monday, a judge in Pennsylvania declined to issue an injunction against Musk's America PAC, allowing a $1 million daily giveaway to registered voters to continue. Photo by Archie Carpenter/UPI.
Billionaire Elon Musk rallies supporters for former President Donald Trump at the Butler Farm Show grounds in Pennsylvania on October 5. On Monday, a judge in Pennsylvania declined to issue an injunction against Musk’s America PAC, allowing a $1 million daily giveaway to registered voters to continue. Photo by Archie Carpenter/UPI. | License Photo

Nov. 4 (UPI) — A judge in the swing state of Pennsylvania ruled Monday that Elon Musk‘s daily $1 million giveaway to registered voters in battleground states can continue, with one last prize to be handed out on Election Day.

Philadelphia Court of Common Pleas Judge Angelo Foglietta declined to issue an emergency injunction that would have stopped the tech billionaire’s America PAC giveaway, which rewards voters who sign a pledge to support the Constitution.

Philadelphia District Attorney Larry Krasner argued, in the lawsuit filed last week, that the giveaway was a data grab and was illegal.

“They were scammed for their information,” Krasner said. “It has almost unlimited use.”

Musk’s lawyers blasted the lawsuit, calling it a “dreadful violation of constitutional rights” and a violation of free speech. Musk, who supports Donald Trump, called Krasner’s lawsuit a “publicity stunt” for his disagreements with the former president. Monday’s hearing was delayed last week after Musk’s legal team filed to move the case to federal court.

Krasner testified the awards were supposed to be issued at random. “This was all a political marketing masquerading as a lottery,” Krasner claimed Monday.

America PAC attorney Chris Gober responded, saying the giveaway was not a lottery because winners are not determined by chance. They are spokespeople, who “earn” $1 million, he argued, adding “There is no prize to be won.”

The recipients “are selected based on their suitability to serve as a spokesperson for America PAC,” Gober said, claiming the money is payment for their work. “We know exactly who will be announced as the $1 million recipient today and tomorrow.”

Musk announced the contest during a Trump campaign rally on Oct. 19.

“Every day, from now through Nov. 5, America PAC will be giving away $1M to someone in swing states who signed our petition to support free speech and the right to bear arms!” Musk wrote in a post on X. “We want to make sure that everyone in swing states hears about this and I suspect this will ensure they do.”

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