As reported previously by CNN and the Philadelphia Inquirer, the lawsuit argues that all lotteries in Pennsylvania must be run by the state and calls the arrangement deceptive, saying that “Though Musk says that a winner’s selection is ‘random,’ that appears false because multiple winners that have been selected are individuals who have shown up at Trump rallies in Pennsylvania.”

According to the suit, “Since launching on October 19, 2024, America PAC claims it awarded $1,000,000 checks to nine individuals through its lottery, four of whom live in Pennsylvania. It made those awards on October 19, 20, 21, 22, 24, 25, 26, and 27, 2024. No winner was announced on October 23.”

The lawsuit alleges that Musk’s offer “is a lottery. And it is indisputably an unlawful lottery” under Pennsylvania’s laws because it asks for citizens to give their personal information and make a political pledge in exchange for a chance at winning the prize.

This approach goes around the arguments about whether the offer violates election law, as we addressed with several experts last week. Still, it’s unclear how it will affect the giveaway before Election Day.

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