Pennsylvania challenge of Elon Musk’s $1M-a-day voter sweepstakes moves to federal court
A state judge let both sides debate their grievances in a hearing skipped by the world's richest man.
11 hours ago
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Elon Musk cast a lure to Pennsylvanians.
The world’s richest man on Oct. 17 promised to give $100 to every registered Pennsylvania voter who signed his petition supporting the First and Second Amendments.
Although Ari Allyn-Feuer, 35, is a member of the Chester County Democratic Committee, the scientist made an easy calculation. The Easttown Township resident has been a Musk fan for 20 years. He said he is impressed by his “vision to make the economy clean and expand humans into outer space.”
Allyn-Feuer signed the petition on the America PAC’s website on Oct. 21, just before the offer expired. He said he made several more attempts to sign the petition, but still no response.
“I have not received any money,” he said. “I have not received any ‘get out the vote’ communications from the PAC which I was expecting, and I also haven’t even received a confirmation email.”
Allyn-Feuer is not alone. Musk and his Donald Trump-aligned super PAC have made similar commitments across the swing statements, promising anywhere from $47 to $1 million. The cash payments have been inconsistent.
The America PAC could not be reached for comment. Attorney Matthew Haverstick, who is representing Musk and the PAC in a lawsuit stemming from the giveaway, did not immediately respond to a request for comment.
The PAC’s website said due to volume, all payments are expected to be issued on or before Nov. 30. But it’s unclear if Allyn Feuer or others like him have an avenue to get their money if it never arrives.
Claire Finkelstein, professor of law and philosophy at the University of Pennsylvania, said if the contract Allyn-Feuer signed was legal, Musk owes him $100.
“He could go ahead and bring an action in small claims court and sue Elon Musk. Or a class action could be brought by all the people that [Musk] promised and didn’t make good on and Musk would have to answer those losses,” Finkelstein said. “The question is whether or not the action was and these promises were lawful in the first place — and there are a bunch of different reasons why it might not have been.”
Musk’s giveaways have drawn widespread scrutiny ahead of the 2024 election — especially in Pennsylvania, where Philadelphia District Attorney Larry Krasner sued Musk for operating an “unlawful lottery.”
“Since Musk initiated this prior to the registration deadline in Pennsylvania, it looks an awful lot like he was paying people to register to vote and that would be illegal,” Finkelstein said. “You’re not allowed to pay people to vote. There’s also some question of whether or not it is legal under Pennsylvania gaming laws. So I think there are some serious doubts about the legality of the promise that he made and paradoxically, that would be a defense for him to the enforceability of the contract.”
Finkelstein said she believes the lack of timely payments shows Musk “was not acting in good faith.” She called on the legislature to act to ensure this doesn’t happen again in the future.
Allyn-Feuer said Musk’s entry into politics has been “counterproductive.” He’s not a fan of the billionaire’s “dishonest tactics.”
“It’s also just a waste of his talents,” Allyn-Feuer said. “I wish that he were spending his time on the good projects that he’s working on that are good things for the world. Of course, it’s his choice how to use his time.”
He said he is not litigious. He’s not planning to sue over $100.
“But if someone needs a test plaintiff or a lead plaintiff, I would consider it,” Allyn-Feuer said.
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