Elon Musk‘s lawyer revealed in a Pennsylvania court Monday that the winners of his $1 million-a-day giveaway are not picked by chance.
Musk‘s lawyer, Chris Gober, made the shocking admission during a hearing in the lawsuit that Philadelphia’s district attorney filed to stop the sweepstakes, which has awarded $1 million a day through his super PAC America to registered voters in swing states, according to Bloomberg.
“There is no prize to be won, instead recipients must fulfill contractual obligations to serve as a spokesperson for the PAC,” Gober said, referring to Musk‘s pro-Trump America PAC, Reuters reported.
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The billionaire’s attorney told the judge that winners were selected on public spokesperson “suitability” for the super PAC “often based on personal stories.”
Musk appeared on Joe Rogan‘s podcast on Monday defending the petition.
“On your way here, you sent me this text saying that they’re trying to lock you up in jail in Pennsylvania,” Rogan said.
“We organized this petition in support of the Constitution,” Musk said. “We want to send a message to the politicians to say that the people care about the Constitution.”
In order to be entered, participants must be a registered voter in a swing state. They then must sign a petition supporting free speech and the right to bear arms.
The judge, Angelo Foglietta, on Monday ruled on behalf of Musk, allowing him to continue his lottery to the following day, Election Day. He did not give an immediate reason for the ruling.
In the lawsuit, DA Larry Krasner had alleged the gifts were an attempt to sway voters to Trump.
“America PAC and Musk must be stopped, immediately, before the upcoming Presidential Election on Nov. 5. That is because America PAC and Musk hatched their illegal lottery scheme to influence voters in that election,” read the lawsuit.
Election experts have also come out against the sweepstakes. UCLA law professor Richard Hasen called the billionaire’s tactic “clearly illegal.”
“Though maybe some of the other things Musk was doing were of murky legality, this one is clearly illegal,” Hasen wrote on his dedicated Election Law Blog.
Hasen said the practice is known as “vote buying” and involves offering to pay or accept payment for the registration to vote or voting.
The U.S. Department of Justice also previously warned America PAC that the giveaway may violate federal law.
