A Pennsylvania court ruled late Monday that Billionaire Elon Musk will be able to send $1 million checks to voters in swing states who sign his America PAC pledge to defend the First and Second Amendments. The district attorney of Philadelphia County in Pennsylvania had sued him to halt the handouts, claiming that the lottery violated state law. 

After lawyers for both Mr. Musk and District Attorney Larry Krasner spent the day arguing before a judge in the county’s court of common pleas, Judge Angelo Foglietta ruled Monday night that Mr. Musk’s $1 million-a-day giveaway could continue. The judge did not explain his reasoning in his ruling denying relief to Mr. Krasner. 

Mr. Krasner and his lawyers argued that Mr. Musk had set up an illegal lottery system to pay off voters to support the billionaire’s preferred presidential candidate. Mr. Musk’s America PAC has deployed tens of millions of dollars in ad spending and get-out-the-vote efforts across swing states in recent weeks. 

According to CNN, Mr. Musk’s attorneys argued that the $1 million checks were not actually part of a lottery system, but instead a salary for those who they deemed to be the best representatives of America PAC’s message. The checks could be considered salary payments, Mr. Musk’s lawyers argued, because the winners had to “earn” the payments by signing on to the pledge.

Mr. Musk announced in October that he would hand out the $1 million checks every day through election day. 

At one point, attorneys for Mr. Musk showed Judge Foglietta a post from X that Mr. Musk had written, in which he said that the checks would be handed out “randomly,” though the judge apparently did not find that convincing enough to halt the giveaway. 

A spokesman for Mr. Krasner did not immediately respond to a request for comment.