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Judge Declines to Block Elon Musk’s $1 Million Voter Giveaway

A Philadelphia judge denied Pennsylvania’s emergency bid to stop the $1 million voter giveaway on Nov. 4, after first pausing the case over federal jurisdiction.
From TheFinanceBase Team3 min to read
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A Philadelphia judge denied Pennsylvania’s emergency request to stop Elon Musk’s $1 million voter giveaway on Nov. 4, 2024. That was separate from an Oct. 31 procedural pause: on that earlier date, the judge put the state case on hold while a federal court considered whether to take it. The later denial let the promotion continue through the election; it did not decide that the giveaway was lawful.

What happened, and when?

The two court developments are easy to confuse. On Oct. 31, Philadelphia Court of Common Pleas Judge Angelo Foglietta paused the state proceeding after Musk’s lawyers sought to move the case to federal court. Reuters reported that the giveaway could continue while the federal court considered jurisdiction. Foglietta did not rule on the merits of Pennsylvania’s claims that day. Reuters’ Oct. 31 account

After a hearing on Nov. 4, Foglietta denied Philadelphia District Attorney Larry Krasner’s emergency request for an injunction. The order allowed the promotion to continue through the election. Contemporaneous reporting described the one-page order as offering no immediate detailed explanation. Pennsylvania’s official case page lists the Nov. 4 order and a later Nov. 12 findings-of-fact and conclusions-of-law document. Pennsylvania court case documents NBC News’ Nov. 4 report

What was the $1 million giveaway?

America PAC promoted daily $1 million payments to selected signers of a petition supporting free speech and the right to bear arms. Eligibility was limited to registered voters in seven swing states: Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin. Reuters’ Oct. 31 account Court News Service’s account of the suit

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Krasner’s Oct. 28 lawsuit alleged that the promotion was an illegal lottery and used deceptive practices under Pennsylvania consumer-protection law. Those were allegations in the state case, not findings established by the Oct. 31 pause or the Nov. 4 denial. Court News Service

Why did the parties disagree about how recipients were chosen?

The dispute centered partly on the gap between the promotion’s public presentation and the account of the selection process given in court. Musk publicly described awards as random. At the Nov. 4 hearing, Musk’s lawyers and an America PAC representative said recipients were screened for suitability as PAC spokespeople and then performed services. Krasner argued that presenting awards as random misled the public. These were competing arguments, not a court finding about what the promotion legally constituted. NBC News’ hearing account Court News Service’s Nov. 4 report

Musk’s lawyer Chris Gober argued, “There is no ‘prize’ to be won,” describing recipients as having contractual spokesperson obligations. That was counsel’s characterization, not the judge’s holding. Court News Service

What did the judge’s decision resolve?

The Oct. 31 action addressed procedure: the state case paused while the federal court considered jurisdiction. The Nov. 4 action denied emergency relief in the Pennsylvania case. Neither the pause nor the denial, as reported at the time, amounted to a decision on a federal criminal charge. Reuters NBC News

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Federal-law questions were separate. Reuters reported that the U.S. Department of Justice had warned America PAC the giveaway could violate federal law. It also reported that federal prosecutors had taken no public action at that point and that experts disagreed about how the law applied. Those reports do not change the scope of Foglietta’s state-court injunction ruling. Reuters

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What the later court filing adds

Pennsylvania’s case page lists a Nov. 12 findings-of-fact and conclusions-of-law document, but its detailed reasoning is not summarized here. The contemporaneous reports about the Nov. 4 order therefore should not be treated as a complete account of the court’s later written analysis. Pennsylvania court case documents

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