---
title: "Musk lawyer says $1m contest winners not picked by chance"
description: "Elon Musk’s lawyer told a Pennsylvania judge that the winners of a million-dollar voter giveaway were chosen “not by chance.”"
type: "NewsArticle"
publisher: "Daily Maverick"
site: "https://www.dailymaverick.co.za"
section: "Newsdeck"
author: "Bloomberg"
author_url: "https://www.dailymaverick.co.za/author/bloomberg/"
canonical_url: "https://www.dailymaverick.co.za/article/2024-11-04-musk-lawyer-says-1-million-contest-winners-not-picked-by-chance/"
published: "2024-11-04T21:00:40"
updated: "2024-11-05T04:52:01"
lang: "en-ZA"
word_count: 293
---

# Musk lawyer says $1m contest winners not picked by chance

> Elon Musk’s lawyer told a Pennsylvania judge that the winners of a million-dollar voter giveaway were chosen “not by chance.”

By Bloomberg · Published 4 November 2024, 23:00 SAST · Updated 5 November 2024, 06:52 SAST

## Key points
- In a courtroom showdown that felt more like a game of political poker, lawyer Chris Gober insisted Musk's $1 million sweepstakes isn't a lottery—just a perfectly legal way to lure voters into a political pledge, while Philadelphia's DA Larry Krasner, who may or may not have a soft spot for Teslas, called it a "grift" that could leave the world's richest man with a legal hangover just in time for Election Day.
- Lawyer Chris Gober claims Musk’s $1 million contest isn’t a lottery, arguing winners are chosen based on suitability as spokespersons for his PAC.
- Philadelphia DA Larry Krasner filed a lawsuit against Musk, alleging the contest exploits citizens for personal information and political pledges.
- The contest, running daily until Election Day, targets voters in swing states and promotes free speech and gun rights without specifying candidate preferences.
- Krasner, who drives a Tesla, insists his lawsuit isn’t politically motivated, emphasizing past actions against Democrats, while the court's ruling may arrive too late to impact the election.

## Content

The lawyer, Chris Gober, made the surprise admission at a court hearing where the Philadelphia district attorney is trying to stop the contest, saying it’s an illegal lottery. Gober argued, however, that the sweepstakes is not a lottery because the winners were selected on their “suitability” to be a public spokesperson for Musk’s political action committee, often based on their personal stories.

Philadelphia District Attorney Larry Krasner sued Musk and the PAC last week, saying the contest illegally lulls “Philadelphia citizens to give up their personal identifying information and make a political pledge in exchange for the chance to win $1 million.”

Musk’s pro-Donald Trump America PAC has been giving away the money every day until Election Day on Nov. 5 to people who sign a petition calling for free speech and the right to bear arms. The winner must be a registered voter in a swing state. The contest doesn’t specify which candidate voters should cast their ballots for.

Gober told Judge Angelo Foglietta that the contest doesn’t meet the definition of a lottery because “there is no prize to be won.” Musk didn’t attend the hearing.

Krasner, who admitted that he drives a Tesla, testified Monday that the contest is nothing more than a “grift.” The Democratic politician denied that the suit was politically motivated.

“I have brought actions against Democrats in the past,” he said. “I would have brought an action against Taylor Swift if she did this.”

While any ruling may foreshadow whether the world’s richest man faces legal problems related to the giveaway, it would likely come too late to make much of a difference in the campaign. Election day is only a day away and it’s unlikely that Foglietta’s decision would apply to any other battleground states.