Elon Musk misses court date in Philly, delaying “illegal lottery” case against him, a Philadelphia politics expert weighs in

What can we know in regards to the lawsuit?

Krasner accuses Musk and his pro-Trump America PAC of “illegal lottery” in Philadelphia and throughout Pennsylvania.

To take part in the $1 million drawing, an individual have to be a registered voter certainly one of seven swing states and sign a “petition” They pledged their support for the First and Second Amendments to the US Constitution, which protect, amongst other things, freedom of speech and the suitable to bear arms. Participants may also receive $47 for every registered voter they refer who signs the petition.

It is a federal crime Paying people to register to voteand the The Justice Department warned Musk and his America PAC said the giveaways may lead to a criminal investigation. But it was only a warning – the federal government took no legal motion.

In Pennsylvania, certainly one of the seven swing states offering the gift, it will not be illegal to pay people to register to vote. Therefore, state officials, including district attorneys like Krasner, cannot sue Musk or his PAC on this basis.

But Pennsylvania has it Laws Governing Lotteries working within the state. And Krasner claims that Musk and America PAC are running something that amounts to a lottery, and that it’s an illegal lottery since it violates state lottery regulations.

Musk's lawyers requested that the case be moved to federal court. However, the federal district judge to whom it was temporarily assigned could determine to send it back to state court. The Washington Post reported that it will not be immediately clear when the subsequent hearing will happen.

Is paying Philadelphians money to encourage them to vote or register to vote unheard of?

Not really. For example this Philadelphia Citizena news and opinion website Lotteries for voters In 2015, 2017 and 2021. Prices ranged from $1,000 to $10,000.

The Citizen created the lottery not to assist any particular candidate, but as an experiment to easily encourage Philadelphians to vote — especially in city elections in odd-numbered years, when voter turnout tends to be lowest. Based on the Terms and Conditionswhich might still be found on their website, the Citizen appears to have been more careful than Musk in following state laws.

As for Musk's America PAC sweepstakes, the small print of how it really works — including how winners are chosen — are unclear. The terms and conditions don't look like anywhere on the PAC website, and I couldn't find anything on Musk's X accounts or the America PAC either. If Musk has published them somewhere, they won't be easy to search out.

In addition to the citizen lottery, one other similar practice occurs in Philadelphia during election cycles wherein party officials in Philadelphia – district managers and… Committee people – are given “Road money“, also called “Money for election day” or “Get-out-the-vote money.”

The money comes from different levels of the Democratic Party – from Philadelphia Democratic City Committee To presidential candidates. The funds are intended to encourage local partisans to vote for chosen candidates, which supposedly also results in voter registration. Party employees can do whatever they need with the cash – it is meant as a reward for his or her efforts.

Even though the amounts of cash given to those individuals are relatively small, normally just a few hundred dollars each, if there are any, they’ll add up about 3,500 Democratic and Republican committee members.

This will not be a lottery and no money is given on to people to register to vote and even vote. It is given to people whose job it’s to encourage people to register to vote in the event that they are more likely to support certain candidates. But Musk's America PAC giveaway also doesn't actually pay people to register to vote, but as a substitute makes voter registration a requirement for eligibility to vote.

After all, it's not unusual for stores in Philly to provide away things like coffee or donuts to individuals who are available in with an “I Voted” sticker. This practice supposedly pays people to vote although nobody seems to care.

Why is that this case filed in Philly and never one other a part of the state or one other state?

I’d argue that it has lots to do with Krasner's personality.

Krasner has a better national profile than most prosecutors. His selection received national attention because he’s probably probably the most liberal district attorney in town ever elected, and he received support from national PACs, including one linked to George Sorosa billionaire donor who supports liberal causes.

Additionally, Pennsylvania is arguably crucial swing state and one that may almost certainly be decided by the slimmest of majorities. Both campaigns are eager to win Pennsylvania.

There is not any evidence that I’m aware that Krasner is acting in a biased manner. There look like legitimate legal grounds for his criticism. However, if he’s successful, it might likely profit Democrats.

Could the lottery or its injunction actually influence the election?

The lawsuit states that America PAC received over 280,000 signatures from people registered to vote in Pennsylvania. It will not be clear how lots of these people were already registered to vote.

But even when the lottery increases voter registration within the state, it could not make a difference in how Pennsylvanians vote or whether or not they vote. If an individual is persuaded to register to vote just because someone paid them to accomplish that, will they be motivated to devote the time and energy to go to the polls?

Additionally, Krasner's lawsuit alleges that lottery winners were disproportionately individuals who registered at Trump rallies – an argument for why he believes the lawsuit is fallacious. Krasner's criticism alleges it’s a violation of consumer protections because “although Musk says the selection of a winner is 'random,' this appears false because several of the winners selected are people who work with Trump.” rallies in Pennsylvania.” So if the lotteries generated enthusiasm amongst individuals who were already planning to vote for Trump, they won't have much of an impact on the actual election end result.

It's also possible that the lottery and petition signatures aren’t in regards to the 2024 election, but quite about collecting lists of names and other details about potential voters that might be sold or otherwise utilized in future elections. Krasner's criticism mentions that the lottery and petition collect personal information.

Regarding the possible injunction, the subsequent hearing has not yet been scheduled. Since election day is so close and so many votes have already been forged, it is difficult to assume that stopping the lottery now would have any significant impact anyway.

But given the likely very slim margin of victory – Biden won Pennsylvania in 2020 by a margin of 1 just over 80,000 votes – Even small changes in voter results can change the end result.